Insurance fraud is a grave violation of the law, and it can have severe legal outcomes. However in California, the specific criminal nature and method of perpetration of insurance fraud are solely among the factors that influence the charges. Impairing these outcomes of criminal acts and deals with insurance is very necessary for the claimants and policyholders. This piece delves into the different kinds of insurance fraud, the possible penalties, and consequences for the implicated.
The Kinds of Insurance Fraud
Insurance fraud can take many forms but can be broadly divided into two classes: destruction of insured property and fraudulent insurance claims. Stopping insurance abuse can be achieved through division into these two categories as well as determining possible penalties.
Destruction of Insured Property
Destruction of insured property is a felony according to California law. This type of fraud is perpetrated when a person consciously damages or destroys the assured item so that he can get the money from the insurance company. The legal actions against those responsible for these acts are heavy.
- Penalties: Those who are found guilty of destroying insured property might be given:
- Two to five years of prison term
- A fine of more than $50,000
Fraudulent Insurance Claims
Fraudulent insurance or fictitious insurance claims may be either charged as a misdemeanor or a felony, according to the nature and value of the claim. Such differentiation is key to the assessment of the possible effects of such actions.
- People using this method could be sentenced with some penalties such as imprisonment for up to one year
- A fine of up to $10,000 is the other penalty for this
- Grade of fraud as a Felony: If the charge with violations is defined as a felony, the charges get more serious:
- Two to five years in jail
- A fine of $50,000 will be issued or the amount of the fraud will be doubled
Factors that Contribute to the Charges
One cue for deciding whether or not insurance fraud should be classified as a misdemeanor or a felony is the circumstances. Becoming acquainted with these cases can help individuals handle prospective issues.
Character of the Deception
In the case of the corrupt conduct that brought about the deceiving, the worse the charges one should withdraw. For example, if the demonstration of the bribe taking with deceit and/or the money involved in it is extremely severe, a felony is likely to be chosen.
Amount of the Claim
A monetary claim made here is one of the big issues. High claims are mostly produced heavier sentences than smaller ones. In other words, even seemingly unimportant fraudulent activities may result in dire consequences if the claim is for huge amounts.
Legal Representation and Consultation
Coming in contact with insurance fraud accusations can be tough. It is vital that you contract legal representation for navigating the legal procedure smoothly and effectively. A skillful lawyer may, in addition, provide proper direction to the client and simultaneously take care of his/her behalf.
Choosing the Right Attorney
Selecting a criminal defense attorney entails thinking about the following issues:
- Experience: Zero in on such an attorney who has already proved his track in the insurance fraud field is the advice to be given.
- Understanding of Local Laws: A legal professional that has studied and to some degree practiced law in California is well-suited to be a source of useful information.
- Client Testimonials: The views of rejoicing customers regarding the lawyer’s work are also worth taking into account.
Consultation Options
Calling, for instance, a professional living in, say, Orange County, California can do a lot for a legal specialist who doesn’t specialize in this area. He gives an example of Attorney Edward R. Flores of Flores Law Group who offers personal consultations to talk about your case and give you an insight into the possible defense strategies.
Conclusion
Property and casualty fraud in California would involve certain penalties depending on what kind and form of fraud it is. A proper understanding of these issues is indispensable for any party dealing with insurance matters. Be it the accused or the petitioner, the need for legal advice cannot be overemphasized. With the right representative in place, the individuals can navigate these difficulties and secure their rights.