Bakersfield Fraud Defense Attorney

What is Fraud?

Fraud is a broad legal term used to describe intentional acts of deception for personal or financial gain. In legal terms, fraud involves misrepresentation or concealment of the truth to mislead others. Unlike crimes of violence, fraud is classified as a “white-collar crime,” but it carries severe penalties and long-lasting consequences.

To convict someone of fraud, prosecutors must prove beyond a reasonable doubt that there was an intent to deceive, and that the victim suffered a loss due to this deception.

Common Types of Fraud

Fraud charges come in many forms, each with its own nuances and legal implications. Some of the most common types of fraud cases we handle at Humphrey & Thompson include:

• Credit Card Fraud – Unauthorized use of someone’s credit card or card details to make purchases or withdraw funds.
• Insurance Fraud – Falsifying claims or exaggerating losses to receive insurance payouts.
• Mortgage Fraud – Misrepresenting financial information to obtain a mortgage loan or property.
• Check Fraud – Writing bad checks, forging checks, or altering check details.
• Welfare Fraud – Illegally receiving benefits by lying on applications or withholding information.
• Identity Theft – Using someone else’s personal information for financial or other gain.
• Securities Fraud – Manipulating or misrepresenting information in the stock or investment markets.
• Tax Fraud – Filing false tax returns or deliberately misreporting income or deductions.

Each type of fraud charge has unique elements that must be proven in court. As seasoned Bakersfield fraud defense attorneys, we know how to identify weak spots in the prosecution’s case and use them to your advantage.

California and Federal Fraud Laws & Penalties

Fraud can be prosecuted under both California state laws and federal statutes, depending on the nature and scale of the alleged offense.

California Fraud Laws

Although California does not have a statute related specifically to fraud, various criminal laws address various forms of the offense. Common fraud charges include:

• Theft by false pretences: When someone knowingly makes false representations to obtain money, property, or services. If the value is less than $950, then the offense is a misdemeanor that carries a maximum jail term of 6 years and/or a fine of up to $1,000. If the value is more than $950, then the offense is a felony, punishable by up to 3 years in prison.
• Insurance fraud: Includes false insurance claims, staged accidents, or inflated damages. This offense is a felony, punishable by imprisonment of up to 5 years.
• Identity theft: Fraudulently using another person’s personal identifying information. Depending on the nature of the offense, it can be charged as a misdemeanor or felony. A conviction carries a maximum prison term of 3 years.

Federal Fraud Laws

Federal fraud cases often involve multiple jurisdictions or government agencies. Some common statutes used in federal prosecutions include:

• Wire fraud: Fraud using electronic communications (email, phone, internet, texts). Carries a federal prison term of 20 years (or 30 years of the offense involved a financial institution or disaster relief). and up to $250,000 per person.
• Mail fraud: Fraud involving the U.S. Postal Service or private carriers. Punishable by up to 20 years in prison (or up to 30 years if involving banks or federal disaster funds).
• Bank fraud: Schemes targeting federally insured financial institutions. Carries up to 30 years in federal prison and fines up to $1 million.
• Securities fraud: Covers misleading statements, insider trading, and market manipulation. Punishable by up to 20-25 years in federal prison.
• Healthcare fraud: Fraud involving Medicare, Medicaid, or private health insurers. Carries up to 10 years in federal prison (or 20 years if serious bodily injury is involved or life imprisonment if the offense results in death).
• Tax Fraud: Includes tax evasion and filing false returns. Punishable by imprisonment for up to 5 years and a maximum fine of $250,000.

Legal Defenses to Fraud Charges

An effective defense strategy can mean the difference between a conviction and an acquittal. At Humphrey & Thompson, we take a proactive approach to building a solid defense for your fraud case.

Some of the most common legal defenses to fraud charges include:

• Lack of Intent – Fraud requires intent. If you did not intend to deceive or defraud, this may be a strong defense.
• Mistake of Fact – Misunderstandings or honest mistakes can sometimes be misconstrued as fraud.
• Insufficient Evidence – The prosecution must prove every element of the crime beyond a reasonable doubt.
• Entrapment – If law enforcement induced you to commit a crime you wouldn’t have otherwise committed, entrapment could be a valid defense.
• Duress or Coercion – If you were forced or threatened into committing fraud, you may not be held fully responsible.

Our job is to thoroughly analyze the evidence, challenge the prosecution's narrative, and fight for a favorable outcome—whether that means dismissal, reduced charges, or acquittal.