Insurance fraud, broadly defined, is when someone deliberately deceives others in order to get a payment from an insurance company to that they aren’t actually entitled. Insurance fraud is a severe accusation with grave repercussions from the criminal justice system.
The sooner you get in touch with a lawyer, the sooner you can create a legal strategy to get the charges dropped, or get the case settled in your favor. Fraud is a complex crime, and it’s essential to have the best representation and legal advice you can find.
If you find yourself facing insurance fraud, a skilled California criminal defense lawyer from LibertyBell Law can help you address it strategically.
Orange County Insurance Fraud Lawyer
Since insurance is designed to pay for personal injury situations or property damage, insurance claims can add up to a lot of money, making them frequent targets for fraud.
Insurance fraud isn’t just committed by customers. Claims adjustors, agents, and even insurance companies themselves can also potentially commit fraud and go to trial.
In the legal system, the intent to deceive another person or entity is an essential part of defining fraud. To be found guilty of the crimes, the prosecutor needs to prove that you intentionally misrepresented information in order to benefit from it.
More importantly, the fraud crime itself must be completed. Simply providing an insurance company with false information does not qualify as fraud unless it was done as part of an attempt to get a payout. In court, these two features are often the main focus of both defense attorneys and the prosecution.
Types of Insurance Fraud
There are as many types of insurance fraud as there are types of insurance. However, some types of insurance fraud are more common. Here are some of the cases we see most often.
Worker’s Compensation Fraud
Worker’s compensation fraud occurs when someone aims to deceive insurance companies so that a person may receive payment for medical expenses, lost work wages, and more. This insurance is essential for keeping workers safe and helping them heal when they do get injured.
However, insurance companies are concerned about the potential for fraud. They investigate claims thoroughly and hope to eliminate instances of fraud.
Automotive Insurance Fraud
In fraud cases involving automotive insurance, there are many ways that fraud can take place. When a consumer commits fraud, they may exaggerate the extent of the damage, stage accidents, or omit certain details.
More extensive fraud scams may include reporting a car stolen after intentionally destroying it, giving a false address to lower your insurance premium, or filing multiple claims after an accident.
Homeowner’s Insurance Fraud
Homeowner’s insurance fraud includes all fraudulent claims about damage to a home. In some situations, this just means exaggerating the damage to your home. Other times, it may even involve sending in a claim for a damaging event that never happened.
Other forms of homeowner fraud may involve collaborating with a repair person to send an inflated bill to the insurance company for personal gain. Omitting information can also count as fraud if a customer does so to have the insurance cover damage that falls outside of the policy.
Potential Penalties for Insurance Fraud
In California, most insurance fraud can be categorized as either a misdemeanor or a felony, depending on the situation. A few factors go into how a case is handled.
First, the court will take into account your criminal history or lack of it. Previous fraud convictions will generally result in your case being treated as a felony case. Other convictions may also be taken into account.
Secondly, they will consider the severity of the offense. If there was extensive fraud affecting many people or involving a large amount of money, they may be more likely to handle it as a felony.
For misdemeanors, the most common penalty is a fine and a possible jail sentence, including up to one year in county jail. The fine can be up to $150,000 or double the amount taken in the fraud scene.
For a felony, those convicted could face up to five years in prison. The maximum fee is also $150,000, or twice the fraud amount if that is greater.
Restitution is another common penalty. Those convicted of insurance fraud often have to pay damages to the insurance company and any other harmed parties, such as an employer, auto company, or other entity.
Working with a criminal defense attorney in LibertyBell Law can help you avoid more serious charges or a longer sentence. Defense lawyers have years of experience arguing down sentences and protecting clients’ rights.
Handling Insurance Fraud Charges
Facing charges of any kind can be stressful, especially for a crime that has such a significant impact on your personal and professional life.
Defense attorneys work with clients to build a legal strategy. Most fraud defense approaches use the following as a base:
- Arguing a lack of intent to commit fraud
- Arguing that the prosecution lacks proof
However, an experienced attorney can personalize each legal defense and ensure that it reflects the legal strategy the client wants as well as the specific situation.
We understand the effect a conviction can have on the rest of your life, so our law firm fights hard to protect your future. Being convicted of a felony, for example, means you lose the right to vote, and it can also affect housing and job opportunities.
Choose a Reliable Attorney for Your Case
When you are facing possible insurance fraud charges, you need a reputable, experienced California criminal defense lawyer on your side. Fraud convictions have a serious legal, financial, and social impact. Working with a legal expert will help you argue your side of the story and get the best possible outcome.
We pride ourselves on getting cases dismissed, charges dropped, and other positive results for our clients. Our testimonials and track record show how effective our legal approach is.
Call LibertyBell Law today to learn more about how we can help! During your free consultation, we can discuss the possible outcomes for your unique case.
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling 855-LAW-PRO1 (855-529-7761) now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
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Gina was like a lioness protecting her cub.
I hired Gina and her team for my son who was facing 10 years for something they said he did when he was 17 years old. Gina was like a lioness protecting her cub. She did not stop. She fought hard and was able to defend the charges. We are so grateful to her and her team. They gave us our son. He recovered his life!– L. W.
Best defense lawyers in the country.
I hired this law firm in 2014 for my son who was facing 16 years in prison for a felony robbery. Lina Helou answered all our questions. I was extremely distraught regarding what my son was facing but Lina comforted me and told me that it would be okay. And thank goodness LibertyBell saved my son from going to jail and they were able to obtain only 3 years of probation. I could not have hired a better law firm for my son and if you want the best defense call LibertyBell Law Group. Thank God for this great group of lawyers.– V. J.
A great team of lawyers.
I do not have enough words to describe how incredible the experience with this firm was. They work very hard to make sure you have winning results. I could not have asked for better service from the moment I called, until my case was over. I was glad I made the right choice. Thank you again LibertyBell Law Group!– S. O.
She took her time to review all of my evidence and proved my innocence.
My father had found this group through his company and coworkers. I was assigned Gina Tennen and I cannot explain in just a review on how gratefull I am to be working with her. My case was an accusation of unlawful sex. This had looked extremely bad on my part since I was in a fraternity and she was in a sorority. During these times with Greek life, there are too many bad stigmas surrounding these organizations. Gina had believed in me and knew that I was innocent and that these accusations just were not true. She took her time to review all of my evidence and proved my innocence. I totally recommend this law group because they are willing to put in the work to help your situation.– C. D.
Gina always kept me fully aware of how the case was proceeding.
When I first heard I was under a criminal investigation, I initially thought I would try and resolve this in the best way possible, without legal representation, as we were all interested in a "just" outcome. I quickly discovered that was not the case and contacted Gina at Liberty Bell. She clearly described the expectations and the choices available to me. She was always available to me, and when I called, if she couldn't talk with me at that time, she would quickly get back to me. Gina always kept me fully aware of how the case was proceeding. Her fee's were stipulated up front, as well as what those fees covered and what they did not.– S. B.
Attorney Gina Tennen was on point from day one.
Attorney Gina Tennen was on point from day one putting pressure on the sherrif's office to get things handled. With Child molestation accusatinos being thrown around Gina and Attorney Castro were great at keeping the pressure on and had no charges filled. The DCFS indications were appealed and we won with flying colors. Great service, great work, and will use again for all legal matters.– A. B.
Will Recommend, Total Experience, Awesome Team
Being involved in legal matters can be scary. When researching who to put my trust in, I came across Liberty and I am glad that I did. From the first time that I met with Gina and her team she made me feel comfortable and listened to all that I had to say. She assured me that her team would be on it and that they would do everything that they could! A little while in, Alan took over my case. When meeting with him you can tell that this is his passion and I immediately knew he was going to do everything in his power to make the outcome right! He was relentless and worked day and night working on the case. He kept in constant communication with me and truly cared not only about me but about my family as well. I am forever grateful for the support that this whole team has given me and would definitely recommend them to anyone who is looking for truly the best lawyers!– L. B.