Virginia Fraud Lawyer
In the event you are charged with criminal fraud in Virginia, contact our expert Virginia Fraud Lawyer at your earliest convenience, we provide a free consultation.
read below important information about fraud penalties and defenses:
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What Constitutes Fraud in Virginia as Explained by Virginia Fraud Lawyer?
Fraud is categorized as an offense that can be charged at either state or federal level, depending on the specifics of a certain case.
While there are many types of criminally fraudulent activities that a person may be involved in, most of the charges in these cases are of misrepresentation to the other party involved.
The Virginia Code lays down the list of crimes involving fraud under Virginia Code §18.2-6.
The most common fraud-related offenses include but are not limited to forgery, impersonation, false pretenses, bad checks, false representations to obtain property or credit, offenses related to credit cards, bank fraud, and money laundering.
Several of these offenses overlap so it is quite possible to be charged with more fraud crimes for the same incident.
Regardless of the type of fraud, Virginia law is very specific about what constitutes actionable fraud.
Fraud has several legal elements, whether it is a criminal or a civil case, which include:
- Misrepresentation of a material fact.
- Knowledge on the part of the accused that they were misrepresenting the fact.
- The misrepresentation was made purposefully, with the intention of having the victim rely on it.
- The victim believed the misrepresentation and relied upon it to their detriment.
- As a result of the misrepresentation, the victim suffered damages.
In order for a person to be guilty of this crime, it’s necessary for the prosecution to prove all elements listed above.
Therefore, in the event you are facing such charges of fraud, contact an experienced Virginia Fraud Lawyer to start building the best defense for you.
Is a Conviction of Fraud in Virginia Considered a Misdemeanor or a Felony?
While it is a crime that does not involve violence, it is considered to be a very serious crime.
Some fraud crimes are misdemeanors while others are felonies.
These crimes can have significant punishments which can range from minor fines starting at $2500 to more serious punishments such as imprisonment for 20 years maximum.
Felonies are more serious offenses than misdemeanors.
In the case of a fraud misdemeanor, the potential jail term is less than one year and sometimes might even result in no jail time at all.
Whereas, the penalty for a felony conviction may lead to life imprisonment.
In Virginia, felonies are separated into different levels of classes, starting from Class 1 to Class 6, with Class 1 felonies being the most serious out of all. Such felony charges can lead to a permanent criminal record and long prison sentences.
What are The Civil and Criminal Penalties of Fraud in Virginia?
In Virginia, the penalties for fraud depend heavily on the nature and circumstances of the specific crime.
Fraud charges can be classified as misdemeanor or felony offenses. In the event a person is accused of criminal fraud, the case is brought by either the state or federal prosecutors who have the burden to prove that the accused intended to commit the misrepresentation for unfair gain.
On the other hand, a civil fraud case is brought to court by the person who was defrauded.
In such a case, the plaintiff has the burden to prove that the defendant misrepresented facts with the intention of getting the victim to act on the stated misrepresentation and had reason to believe that the victim would rely on the misrepresentation to their detriment.
The major difference between a civil fraud case and a criminal case, aside from who pursues it, is that actual damage needs to have occurred in a civil case.
Regardless, the goal of pursuing either civil or criminal cases is to punish the wrongdoer.
In a criminal case of fraud, the person accused may face the possibility of incarceration or probation, in addition to paying a certain amount of fines.
Whereas in a civil fraud case, the penalties are usually providing compensation for the damage that was suffered by the victim
Why You Need to Hire a Virginia Criminal Fraud Attorney
Fraud is a serious offense and one that may have severe penalties if convicted.
It’s important to understand your rights and the options you may have at the time of your charge by contacting an experienced Virginia Fraud Attorney.
The lawyers here at American Lawyers Group have years of experience successfully handling thousands of cases on behalf of clients and can provide you with the efficient legal representation that you need.
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