California Fraud Laws: An Overview of Fraud Crimes

Feb 20, 2018

What is Considered Fraud in California?

With all of the rules and regulations that determine when and how certain acts are permissible in modern life, inadvertently tripping one of these lines is not terribly difficult to do. Claims of fraud are an area particularly prone to unfair allegations, mainly due to the large number of crimes associated with certain acts, and a criminal defense attorney should be contacted if charges are likely or pending.

Almost any type of transaction or exchange can assume fraudulent overtones, as the basic definition of this offense only requires a person to commit an act that results in an unfair benefit for oneself and/or causes harm or loss to another. This definition for fraud is seemingly open-ended, and California also has many additional offenses that address specific situations or acts that could lead to criminal culpability.

In fact, most fraudulent acts are claimed to be motivated by a desire to escape criminal responsibility or incur financial gain. Two men from California were recently charged with fraud in connection with attempts to purchase a business with foreign currency.

An overview of the types of offenses that fall under California fraud crimes, and some options for defending against these allegations, will follow below.

What are the Generic Types of California Fraud Crimes?

Fraud charges can quickly become complicated situations, as they often involve both State and federal law, leaving the accused open to criminal penalties in both courts. Further, many of these offenses may be charged as misdemeanors or felonies, known as wobblers, another avenue for a defendant to see harsher sentences.

In addition, convictions permit the revocation or suspension of professional licenses and the seizure of assets involved in the fraudulent activity. Thus, a person convicted of a fraud-related crime could see penalties that directly impact their financial and professional stability, which is an essential reason these charges should be vigorously challenged to the fullest extent possible.

California has too many fraud-related offenses to review in detail, but they generally fall into the following categories, with some examples:

• insurance – auto, health, unemployment, public assistance, workers’ compensation, etc. (filing a false claim for benefits, falsifying documents);
• real estate and mortgage (foraging a deed, renting property without authority);
• general financial fraud (using someone else’s credit card, altering a company’s financial statements);
• forgery and identity theft (counterfeit driver’s license, forwarding a computer virus); and
• mail fraud – this is a federal offense (mailing a forged check, advertising false services through the mail).

How Do You Defend Against Fraud Charges?

Given the punishments a person can receive for these offenses, on multiple levels, providing an adequate defense to at least mitigate the outcome is essential. Fraud is an intent-based crime, meaning the alleged perpetrator must specifically intend to derive an undeserved benefit from someone else. Thus, if such intent did not exist, he/she cannot be guilty of fraud. Note that motive and intent are two distinct concepts that are often confused, but are not the same for purposes of presenting a legal defense.

Another defense that can be applied to fraud charges is entrapment. Entrapment occurs when a person committed a crime only because police lured him/her into doing so. Note that the conduct by police must occur in their official capacity and involve pressure, harassment or fraud to be considered entrapment.

Further, merely presenting the opportunity to commit a criminal act will not be enough to prove entrapment, but a knowledgeable criminal defense attorney will know how to best present this defense to a jury. Proving entrapment requires the dismissal of criminal charges, so it is a powerful defense when available.

Fraud Legal Defense in California

Dealing with police and prosecutors on your own is never a good idea. You need someone with the knowledge and resources to effectively defend your rights and give you a real chance at beating any criminal charges.

Fraud attorneys at Manshoory Law Group, APC helps clients in the Los Angeles area fight police claims and State charges, and are available to discuss the details of your case. Attorneys are available 24/7 to take your call. Contact us for a consultation today.

What Is Considered Child Abuse in California?

Jan 18, 2018

Child abuse is one of the harshest charges that can be leveled against someone, especially a parent. Children are some of the most vulnerable members of society, so many regulations and safeguards are used to protect them from harm.

However, false accusations of abuse that can destroy families are made every day, and anyone facing such circumstances needs to contact a Los Angeles child abuse lawyer about their legal options.

A couple in Riverside County was recently arrested and charged with torture and child endangerment after authorities discovered 13 children inside their home shackled and malnourished. This type of behavior, if true, is certainly unacceptable, but most individuals arrested for crimes related to harming a child are much less clear.

The penalties for these offenses are extremely harsh, not to mention the social stigma and loss of reputation. A discussion of common charges filed in cases of alleged child abuse, and how an experienced criminal defense attorney can attack the State’s case, will follow below.

What is Child Abuse?

The phrase child abuse refers to a large range of behavior that results in mental, physical, or sexual harm to a child, or which is considered neglect or exploitation. Parents have broad authority to raise and discipline their children as they wish, but laws do exist that seek to protect children from acts the State views as producing serious harm.

Further, some individuals are required by law to report suspected child abuse, including teachers, doctors, and daycare workers. This can leave parents and other caretakers open to false allegations largely based on perceptions from third parties, who have limited information and access to the child’s home situation.

This risk is one of the primary reasons a criminal defense attorney should be brought in as soon as possible once a report or investigation is launched.

What Acts Considered Child Abuse?

The criminal elements of child abuse generally involve:

• the intentional infliction of cruel and inhumane punishment and/or injury to a child, i.e., acted on purpose;
• the punishment or injury caused bodily harm; and
• these actions were not reasonable methods of disciplining a child.

In addition to the charge of child abuse, other offenses are frequently charged in conjunction with this crime, such as child endangerment, battery, and failure to provide care (neglect).

• Child endangerment refers to situations in which a defendant is alleged to have placed the child in an environment where injury or harm was probable or likely. Thus, no actual physical injury is necessary for this crime.
• Battery, the willful use of force, is typically charged where there is some evidence that physical force was exerted, but the actions did not cause an injury or rise to the level of inhumane.
• Neglect or failure to provide care arises when a parent is accused of intentionally failing to provide basic necessities to a child (food, water, clothing, medical care, etc.) without a lawful excuse, such as not being able to afford these necessities. These offenses are wobblers, meaning they can be charged as misdemeanors or felonies depending on the circumstances, and are subject to harsh penalties, up to ten years in State prison, and should not be taken lightly.

How to Defend Against False Allegations of Child Abuse?

Criminal defense attorneys have multiple options for attacking a child abuse charge, dictated by the facts of each case, that may be raised before or during the trial. One of the most common defenses used to combat these charges is that they are false. Conflict among family members or a high-conflict child custody matter can push people to make untrue accusations as a form of retaliation.

Further, the child’s injury may be entirely separate and unconnected with any type of abuse. Children get injured as part of growing up, not necessarily from abuse. Additionally, a genuine accident that did not occur from reckless or aggressive behavior is another way to defend against child abuse charges.

Hire a Criminal Defense Attorney

Manshoory Law Group, APC is dedicated to providing you with strong and effective legal representation in your criminal case. The Los Angeles law firm has years of experience handling a wide variety of criminal charges and knows how to build a strong defense so you can achieve the best possible result.

Attorneys are available 24/7 to take your call. Contact us for a free consultation.

Reduction in Punishment for Intentionally Transmitting HIV

Jan 15, 2018

One of the most controversial laws that were passed in California on January 1 was Senate Bill 239. This bill reduced the penalties for those who intentionally transmitted HIV to others. Instead of being charged as a felony, such crimes will now be considered misdemeanors. This new law now aligns HIV with other serious communicable diseases.

The reasoning behind the change in laws is to make them more modern. California passed its most recent HIV criminalization laws in the late 1980s. At this time, HIV and AIDS were thought of as scary diseases. Little was known about them and people who had these diseases faced a stigma.

The landscape of HIV has changed dramatically since then. Medications have improved greatly, allowing those with the disease to live quality lives for decades after infection. These medications also lessen the risk of HIV transmission. These facts helped drive the change in laws.

HIV transmission was like a murder charge. The previous law primarily affects sex workers, who could be charged with a felony without sexual contact. An HIV-positive worker who solicits a person would be guilty of a felony just for that simple action. It is believed that the previous law did more harm than good.

Gov. Jerry Brown signed the bill into law in October. Besides changing the punishment for intentional HIV transmission from a felony to a misdemeanor, donating blood knowingly infected with HIV is now decriminalized. That’s because there are currently extensive measures in place to identify infected blood without having to criminally punish a person who chooses to donate blood.

Criticism Against the Bill

SB 239 has drawn negative media attention from conservatives. There have been several cases where men have tried to intentionally transmit HIV to others. When an innocent person is given HIV, their life changes dramatically, so shouldn’t the perpetrator be punished to the fullest extent of the law?

Lawmakers argue, however, that these cases are rare. Between 1989 and 2014, there were 379 convictions related to HIV in California. Of those, only seven involved intent to transmit HIV. The law focused primarily on sex workers, which made up 90 percent of the cases. Women and minorities were affected the most by the previous law.

Plus, it is believed that HIV exposure laws do little to counteract the behavior. As such, LGBT groups, HIV groups, civil liberties groups, and public health organizations find the previous laws outdated and ineffective.

Contact a Criminal Defense Attorney Today

Many laws get stricter with the new year, but this one is the exception. This is good news for those who may be accused of transmitting HIV to another person. While HIV and AIDS were once huge problems in California several decades ago, times have changed and the law needs to reflect that.

If you are facing serious charges for transmitting HIV or engaging in other crimes, seek legal help right away. The criminal defense lawyers at Manshoory Law Group, APC can defend you against such charges. To schedule a free case review, contact the team at Manshoory Law Group, APC today at (877) 977-7750.

Swatting May Be Considered a Serious Crime

Jan 4, 2018

What Is Swatting?

The purpose of law enforcement is to keep the peace and enforce the rule of law. To perform this role, police rely on information submitted by the public, alleged victims of crime, and witnesses, as well as statements from accused offenders about potentially illegal acts. Police do not always accurately interpret or act on the information provided to them, which is why the services of a criminal defense attorney are needed if someone is under investigation or accused of a crime.

One new type of behavior that could bring criminal consequences at the state and federal level is an act called “swatting,” a new version of prank calling. This involves making a false report to the police about a violent crime in progress, hoping the local SWAT team will be sent to handle it, and bust down the proverbial and literal doors.

When the police show up at a purported crime scene, especially one where violent acts are supposedly taking place, they may not use the proper and reasonable amount of caution needed to assess whether a true emergency exists. This can lead to innocent parties being hurt or killed, which recently occurred when a California man allegedly initiated a swatting call to police in Wichita that led to the death of a 28-year-old man.

While the caller, in these cases, does not directly cause the death, federal and state authorities are still looking for ways to pin these individuals with criminal responsibility. A discussion of how state and federal prosecutors are seeking to approach charging a person with a criminal offense in these situations will follow below.

Legal Consequences of Swatting Crime

• Federal Charges

Federal statutes do not include an offense related to swatting, and situations involving murder are typically handled at the state level, but there are two federal crimes a person involved in swatting would most likely face: obstruction of justice and murder-for-hire.

The obstruction of justice occurs when law enforcement attention and resources are diverted away from legitimate policy matters, and is meant to be applied broadly so that the focus is on the effects of an act and not the act itself. Murder-for-hire involves using facilities of interstate commerce (phone, text, email, mail, etc.) to facilitate the death of another person.

Note that there must be an intent to kill, which would not necessarily be present in swatting cases. Typically, these calls are intended to embarrass or scare an individual, not kill him/her.

• State Charges

California does have a law related to swatting and penalizing individuals convicted of reporting false emergencies to law enforcement with the financial responsibility to cover the costs of the police response up to $10,000.

Specifically, it is a crime in California to send law enforcement false information identifying a third party in the commission of a crime with the intent of triggering a police response. However, as noted above, these cases rarely involve a death, so in order to appear to take such an act seriously, state prosecutors could attempt to charge a caller with second-degree murder.

Second-degree murder does not require the premeditation and intention that first degree does, and all murders that are willful but not deliberate or premeditated are considered to be second-degree offenses in California.

The potential prison sentence is 15 years to life. Given the dire consequences of such a charge, working with an experienced criminal defense attorney to challenge the state is essential to controlling the outcome.

Legal Support for Swatting Defense

The criminal justice system is a complicated process that should not be approached without the guidance of an experienced criminal defense attorney to protect your rights. The Los Angeles law firm Manshoory Law Group, APC handles a wide variety of criminal offenses, from misdemeanors to serious felonies, and knows how to build a defense to obtain the best possible results.

Attorneys are available 24/7 to take your call. Contact us for a consultation.