Cayce Fraud Lawyer

Fraud charges are usually referred to as a white-collar crime, however, this does not imply that the potential consequences are not serious. Fraud offenses can be a misdemeanor or a felony, depending on the monetary value involved. If you are facing charges of fraud, a Cayce fraud lawyer could help.

An accomplished attorney can guide you through the complicated criminal system and help protect your rights. They could stand by your side each step of the way and guide you through the legal process. Call today to get started on your case.

Fraud Charges in Cayce

In Cayce, fraud covers a variety of criminal offenses. Some of these offenses include obtaining goods by false pretenses, forgery, bank fraud, business fraud, check fraud, prescription fraud, licensing fraud, wire fraud, mail fraud, insurance fraud, and tax fraud.

According to Schnellmann v. Roettger, 373 S.C. 379, 645 S.E.2d 239 (2007), regardless of the specific type of fraud, proving the charge requires demonstrating:

  • A representation of fact
  • It is falsity
  • It is materiality
  • Either knowledge of the falsity of the representation or reckless disregard of its truth or falsity
  • The intent that the representation be acted on
  • The hearer’s ignorance of the falsity of the representation
  • The hearer’s reliance on the truth of the representation
  • The hearer’s consequent and proximate injury

If the state is unable to verify these elements beyond a reasonable doubt, they cannot prove fraud. A well-versed Cayce fraud attorney could help cast doubt on these elements.

Understanding the Roles in the Court Room

In the criminal system, it is critical to understand that the prosecution, has the burden of proving each of the elements of a fraud offense beyond a reasonable doubt. The individual facing charges does not have to present any evidence to prove their innocence. However, an effective defense by a seasoned lawyer will entail proving that the prosecution has not met its burden of proof.

After the arguments, the judge will instruct the jury as to the law and instruct them that they are charged with weighing the facts in the case. The jury will then have to deliberate to determine whether there are facts to support each element of the offense. After deliberating, the jury returns a verdict.

Penalties

The penalties for fraud may vary depending on the type of fraud and the severity of the offense. Also, the penalties for a fraud charge can vary enormously depending on whether the case is prosecuted in the state system or by federal prosecutors. The penalties for fraud may include:

  • Fines
  • Restitution
  • Property forfeiture
  • Prison
  • Probation

In addition, a fraud offense could appear during a criminal background check, which may have an impact on a person’s current profession, job prospects, housing applications, and applications to schools and work programs.

Contact a Cayce Fraud Attorney Today

The law surrounding fraud is complex. When facing these charges, it is easy to feel overwhelmed by the potential penalties and consequences. That is why it is important to speak with a knowledgeable legal advocate who can help guide you through the process.

If you are facing charges of fraud, do not wait or hesitate to contact a Cayce fraud lawyer. A dedicated, aggressive attorney can help protect your rights, mount a defense, and work towards the best possible outcome for your case given the circumstances.