Defending Your Rights and Your Future
Fraud charges in New Jersey can range in severity from disorderly persons offenses to second-degree indictable offenses. While fraud at the federal level is usually charged as a felony, there are circumstances in which fraud may be considered a misdemeanor offense. Even so, a federal conviction is typically accompanied by a lengthy prison sentence, steep fines, and potential asset forfeiture.
Being accused of fraud threatens your financial future as well as your reputation. No matter the type of fraud you have been accused of, you need a criminal defense lawyer who can effectively fight such charges.
Peter’s experience as a prosecutor and defense attorney allows him to provide you exceptional service, a step up from ordinary defense counsel.
Fraud Offenses and Federal Sentencing Guidelines
Penalties for federal offenses are based upon Federal Sentencing Guidelines, which the United States Sentencing Commission designed. Every federal crime is assigned a base offense level based on the seriousness of the offense.
Out of 43 levels, fraud is given a base level assignment of seven (7) if the statutory maximum is 20 years in prison. This applies to mail fraud, which is codified under 18 U.S.C. §1341. However, the base offense level increases if the fraudulent activity results in significant losses to the victim or victims. For fraud, the base offense level increases by two levels if there is a $6,000 loss and by six levels for a $50,000 loss.
As stipulated under the same federal statute, Fraud in Connection with Major Disaster or Emergency Benefits is subject to a maximum 30-year prison sentence, a fine of $1 million, or potentially both.
Fraud Crimes Under New Jersey Law
Fraud can encompass any number of acts. NJ Rev Stat §2C: 21-1 prohibits an individual from knowingly deceiving another person for financial or personal benefit.
New Jersey law recognizes the following types of fraud, to name a few:
- Bankruptcy Fraud
- Credit Card Fraud
- Healthcare Fraud
- Consumer Fraud
- Computer Fraud
- Identity Theft
- Mail and Wire Fraud
- Medicare Fraud
- Tax Fraud
- Unemployment Fraud
Your punishment will depend on the specific charge. If you are charged with a disorderly person’s offense, you could be sentenced to six months in prison, with a maximum fine of $1,000. For instance, writing a bad check worth less than $200 is a disorderly person’s offense in New Jersey.
A third-degree crime carries 18 months in prison and a $10,000 fine, while a fourth-degree crime carries five years in prison and a $15,000 fine. A check between $200 and $1,000 is a fourth-degree crime, whereas a check between $1,000 and $75,000 is a third-degree offense. If the check is more than $75,000, then you will be charged with a second-degree offense.
How to Beat Fraud Charges
The prosecution has the task of proving your guilt beyond a reasonable doubt, which is the highest standard in the law. This standard implies that the government must demonstrate that, based on available evidence, the only reasonable expectation is that you have engaged in fraudulent activity. A judge or jury must be certain that you committed the crime, with no doubt in their minds.
In obtaining a skilled fraud crimes attorney, you are making the prosecutor’s job more challenging. I strongly believe that everybody is innocent until proven guilty, but proving guilt in a fraud case requires convincing evidence, which is often hard for the state to obtain.
Speak with a Princeton, NJ, Fraud Crimes Attorney Today
If you are facing fraud allegations, you likely feel overwhelmed. However, there are many approaches when combating fraud charges. An experienced Princeton, NJ, fraud crimes attorney will examine the prosecution’s evidence to decide which defense will work best in your situation. If you are ready to schedule your free consultation, contact my office by completing the online contact form.