Jacksonville Fraud Defense Lawyer
Have you been criminally charged with fraud?
Fraud, typically referred to as a white collar crime, is also known as a
theft crime - the simple definition boils down to theft by deception. Instead of attempting to take property through violence and force, those who commit fraud use deceptive means to take advantage or "trick" a person. The state of Florida is extremely strict in the way that they handle cases involving fraud.
As this is both a crime and a civil law violation, it is important to realize that if you have been criminally charged with fraud that you will not only be at risk of the criminal penalties, but could also be facing punitive damages sought by the victim. Some of the most common types of fraud committed include:
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"Bait and Switch" - This is used in a retail setting most of the time. Essentially, a retail store will bait a new customer in with the promise of a certain product, however, once they inquire, they will be switched over to another, more expensive product. Many have filed complaints over this as this is considered to be false advertising.
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Counterfeiting - This can also be referred to as imitation. This is the forgery of a product in an attempt to pass off the fake as the real. This could be in relations to currency, art, software or even logos.
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Embezzlement - This is what is known as "financial fraud." It refers to dishonestly handling property that has been entrusted to them. For example, a lawyer who has been entrusted to handle funds from a client could be charged with embezzlement if they were taking the assets for themselves.
Hard-Hitting Fraud Attorney in Jacksonville, FL
Due to the complex nature of this type of crime, it is extremely difficult to prove fraud and often requires extensive time spent investigating the crime. Often, by the time that you are formally charged, the prosecution will already have considerable evidence on their side - you will need to be confident that you have a hard-hitting lawyer on your side to combat the charges. To successfully prove a case of fraud, there are nine separate elements that have been established by common law - these include:
- The representation of a fact;
- The materiality of it;
- The fact that it was false;
- The knowledge that it was false;
- The intent to act upon it;
- The plaintiff's ignorance of it being false;
- The plaintiff's reliance on it being true;
- The plaintiff's right to rely on it; and
- The damages that the plaintiff suffered
If these can all be successfully proven, the defendant could be facing severe and life-altering consequences. At Ellerin | Hutchinson, we recognize how daunting it can be to face fraud charges and we are thus unwaveringly devoted to ensuring that we do everything possible to provide our clients with the hard-hitting and knowledgeable assistance that they truly deserve.
If you choose to be represented by a Jacksonville criminal defense lawyer from our legal team, you will be able to trust that we will go the distance in our efforts to help you obtain the just outcome that you deserve. We have a vast experience of criminal law and are not deterred by a fight. Even when the circumstances are daunting, we will not turn away. Instead, we will simply dig in our heels even further - fighting tooth and nail to help our clients when it is needed most.
Have you been charged with fraud? For creative, comprehensive criminal defense, please contact a Jacksonville fraud defense lawyer from our legal team as soon as you can.