Fraud is a generic term for misleading someone to obtain money from them. Fraud can be a state or federal crime depending on the circumstances. Understanding the nature of the charges you are facing and whether you are in the state or federal court system is an essential element in your fraud case. An experienced criminal defense attorney could ensure that you understand the fraud charges, the elements of the charge, and the potential punishments attached to each charge.
Proving fraud involves more than showing that you obtained property. The government must prove that your actions were known and intentional. Pickens County fraud lawyer Christopher L. Jones could examine the facts of your case and the charges against you. Armed with that information, he could also help you develop defense strategies.
Understanding Fraud Allegations
Chapter 13 of Title 16 of the South Carolina Code covers fraud crimes, including
- Cheats
- Forgery
- Larceny
- Embezzlement
- False Pretenses
While all these offenses involve using some dishonesty to obtain property, they are distinct offenses under state law. The elements, punishments, and consequences vary with the charges, but all fall under the broader fraud umbrella.
The value of the stolen items helps determine the nature of the offense, at least under state law. South Carolina Code § 16-13-30 splits offenses into petit larceny and grand larceny. If the value of the property is less than $2,000, then it is petit larceny. The potential punishment for petit larceny is a misdemeanor, with a potential fine of up to $1,000 and imprisonment for 30 days or less. Additionally, if you are tried for petit larceny, the trial will be in a municipal court or magistrates court.
Generally, if the property’s value is $2,000 or more, the crime is grand larceny. The potential punishment for grand larceny depends on the value of the stolen property. If the property is more than $2,000 but less than $10,000, then the maximum punishment is five years in prison. If the property costs $10,000 or more, the potential punishment is ten years. There are exceptions to these general guidelines, and a Pickens County attorney skilled in handling fraud cases could help you understand the steps to take.
Common Fraud Charges
As a Pickens County attorney could explain in more depth, there are dozens of potential fraud charges spanning state and federal laws. However, some charges are more common than others.
Check Fraud
Also known as theft by check, this type of fraud means writing a check when you do not have the money to pay for it. Usually, when you write a check with insufficient funds, the recipient resubmits it or allows you to pay them any money owed. Evidence that you continued to have insufficient funds or did not attempt to pay the money owed can help prove check fraud.
Tax Fraud
Tax fraud, evasion, and underpayment are all federal crimes. The IRS is generally willing to work with people who have made honest mistakes. It may assess penalties and interest. However, if you are under investigation by the IRS, you must take it seriously and work with them. Ignoring the issue will not make it disappear. They have a track record of convicting people who have escaped convictions for other crimes.
The charges are probably federal if you are charged with using the internet, mail, or other electronic channels to commit the crime. Federal charges can carry much higher penalties than state charges. For example, you could face up to 20 years in jail and a $250,000 fine if convicted of mail fraud. Plus, there are enhanced penalties related to specific circumstances.
Speak with a Pickens County Fraud Attorney About Your Legal Options Today
Getting charged with fraud is frightening. Depending on the underlying circumstances and the amount involved, you could face a huge fine and a lengthy prison sentence. Understanding the potential consequences is the first step to planning a defense strategy.
Schedule a consultation with Pickens County fraud lawyer Christopher L. Jones. He could help you understand the charges against you, review evidence, and outline potential defense strategies.
