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The term “fraud” can apply to many different types of criminal conduct in California. Put simply, under California law, you commit fraud when you act in a deceitful or dishonest manner that results in an unfair monetary gain or benefit for you - and usually a wrongful loss to someone else. Fraud crimes can range from using someone else’s credit card to purchase gas one time to investment fraud schemes that result in millions of dollars in losses to unknowing victims.
No matter what the facts of your fraud allegations may be, you need a highly experienced California white collar crime and fraud defense attorney on your side. These cases can be complicated with significantly different types of evidence than other crimes. Fraud cases can involve lengthy investigations before you are ever arrested, during which authorities build their case against you. You need a defense lawyer who will build an aggressive and effective defense strategy for you. Please do not hesitate to contact The Law Offices of David S. Chesley by calling 800-755-5174 or by contacting us online today.
Fraud crimes can stem from many different California criminal laws. Some laws outlaw one specific type of fraud, while others may be a catch-all for other types of fraudulent activities. For example, fraud crimes may fall under California’s theft statutes (Penal Code 484 and 487), forgery statute (Penal Code 470), or even the perjury statute (Penal Code 118).
Some statues that reference specific acts of fraud also state that the offense will be a felony charge. Otherwise, fraud crimes are often known as “wobblers.” This means that depending on the circumstances, a prosecutor may issue either a misdemeanor or felony charge. Some factors considered in this decision include:
Whether you face misdemeanor or felony charges can make a big difference in the outcome of your case, though both types of charges should be taken extremely seriously. Some fraud statutes provide specific penalties, however, many penalties are in line with those for general theft crimes. Theft crimes can include “petty” theft, which is a misdemeanor charge for offenses involving less than $950. For offenses involving more than $950, it will be a wobbler and the prosecutor has the discretion to issue felony charges. The following are some possible penalties for fraud crime convictions:
In addition to jail time and fines, there are many additional possible consequences of a fraud conviction. For example, once you have a fraud conviction on your record, you will likely be disqualified from any jobs involving money or a position of trust. If it is a felony conviction, you may have difficulty getting hired for any jobs at all. Landlords may refuse to rent an apartment to you. You may not be eligible for acceptance into higher educational programs, and you may have a professional license denied or revoked. The government can also seize any property or funds that authorities believe were involved in or were the result of a fraud crime. You may even face federal criminal charges for certain types of fraud offenses.
Theft crimes also regularly result in an order of restitution, which requires an offender to repay what they stole. California law also allows victims of theft and fraud to file a claim in civil court to seek up to three times the amount they lost as a result of the crime.
As you can see, the list of possible penalties is long. However, the right criminal defense law firm can fight to minimize your charges and the effects on your life. At The Law Offices of David S. Chesley, we have extensive experience handling a wide range of fraud charges, including misdemeanors and felonies.
Many fraud crimes are referred to as “white collar crimes,” which are offenses committed for financial gain that do not involve violence. White collar crimes generally do not involve a physical taking of property but instead obtaining money or property through deceit, false pretenses, the betrayal of a position of trust, or other dishonest means. There are many types of fraudulent conduct that can lead to criminal charges, and the following are only some examples:
Each type of fraud crime will have its own set of circumstances, evidence, and legal questions. Our skilled fraud defense attorneys know how to thoroughly investigate the allegations against you and identify all legal defenses that may apply in your case.
Legal defenses will vary depending on the facts of your case. One common defense is that you did not have the requisite intent to commit a crime. Fraud laws require that a person intended to commit fraud. If you did not know you were being dishonest, you should not be convicted of a fraud offense. Some people get accused of fraud because of mistaken identity or because they worked in close proximity with people engaging in fraud, though they were not aware of the fraud scheme themselves.
In some cases, the best option is for our attorneys to reach the best possible plea bargain with the prosecutor. We may be able to get your charges and sentence substantially reduced in exchange for a guilty plea. We will always thoroughly review all of your options with you so you can make a decision on how to proceed.
The Los Angeles fraud defense attorneys at The Law Offices of David S. Chesley represent clients facing all types of fraud charges. We are ready and able to take on even the most complicated cases and can advise you on how we can assist you for free. Please call 800-755-5174 or contact us online if you have been arrested or are facing criminal charges in the Los Angeles area.
The Penal Code in California defines the severity of an offense and punishments by the value of the object or property stolen, and in the manner, it is stolen from the owner of the property.
California’s penal code 211 defines robbery as the act of felonious taking of property or something of value from the possession of another person by force or fear.
The penal code 484 in California’s law defines petty theft as stealing, taking, carrying, or embezzling property or money of another person that is capped at $950.
California’s Health & Safety Code has many sections that deal with the various offenses related to Marijuana.
In California, Fraud or Larceny is a criminal act resulting in criminal charges against the person committing the offense.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
Rodrigo L. San Fernando, CA (Sherman Oaks Yelp Review)
I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Ricardo Esteves Los Angeles, CA (Los Angeles Google Places Review)
I left court yesterday with my last case being wrapped up. Two court appearances and that's it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Erica Geller Ontario, CA (Ontario Facebook review)
My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Elizabeth F. San Diego, CA (San Diego Google Places Review)
I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Leon Hanley Los Angeles, CA (Los Angeles Avvo review)
I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Britanny Givens Newport Beach, CA (Newport Beach Google Places)
I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David's knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn't charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Andrew A. North Hollywood, CA (Better Business Bureau review)
David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David's services again in the future.