How Can Virginia Fraud Lawyer Help You Deal With Fraud Charges

There are several possible defenses that someone can use to avoid fraud charges. Contact a Virginia fraud lawyer for more information.

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Legal Elements of Fraud in Virginia

 

Facing fraud charges can be frightening. In everyday language, any behavior from merely bad intent to criminal conduct can be called fraud.

Fraud is the intentional deception of others to gain a financial or personal advantage. However, the prosecution must prove several legal elements. These are:

  • False representation of a material fact

  • Intention to mislead

  • Reasonable reliance by the victim

  • Damage or loss to the victim

In other words, fraud has to include misrepresentation of a material fact made knowingly with the intention to mislead the victim. A misled party must believe the false statements and act based on these beliefs, resulting in damages to the defrauded party.

Prosecutors in Virginia take fraud claims very seriously and can impose severe penalties. A first-time fraud conviction can result in incarceration. That is why reaching out to a Virginia fraud attorney as soon as you learn you are under investigation for a fraud crime is essential.

 

What Is a Virginia Fraud Lawyer?

A fraud lawyer is a criminal defense attorney who focuses on helping clients accused of committing fraud.

Fraud defense attorneys gather evidence, interview witnesses, research the circumstances of the crime, and analyze the prosecution’s case. Often, they will try to negotiate a deal that includes reduced charges and sentences, probation, and a reduced bail amount. 

A Virginia fraud lawyer can assist you in understanding the severity of the charges against you, the potential penalties you might face, and how to craft a defense that achieves the best outcome.

Retaining a Virginia fraud lawyer Gretchen Taylor Pousson of Scrofano Law can help. He can carefully review your case and protect your rights and interests in court. He can also prepare you for any necessary appearances in court or try to negotiate a plea bargain with the prosecution.

Fraud Litigation in Virginia

 

Virginia law lists more than 30 types of fraud subject to fraud litigation and both criminal and civil liability. These include, but are not limited to:

  • Forgery
  • Impersonating an officer
  • Tax fraud
  • Wire fraud
  • Insurance fraud
  • Mortgage fraud
  • Credit card fraud
  • Money laundering
  • Bad checks
  • Investment fraud
  • Securities fraud

Fraud charges can be classified as either misdemeanor offenses or felony offenses, depending on the circumstances of the crime.

Potential Penalties in Fraud Cases

Fraud convictions may carry different penalties depending on several factors, including the crime’s extent, the defendant’s criminal record, and whether the offense is classified as a misdemeanor or felony.

For example, the potential criminal penalties for Virginia insurance fraud would depend on the value of the alleged fraud with which the individual is charged. If the insurance fraud is valued at $500 or more, the defendant will most likely face felony charges and additional charges depending on the facts of the case.

Using a fraudulent check in exchange for cash or goods would result in larceny fraud charges. If the crime is characterized as grand larceny, the maximum penalty can result in up to 20 years in prison.

On the other end of the spectrum, mortgage fraud or securities and commodities fraud can be considered a federal offense handled by the federal court. Securities fraud is punishable by a maximum imprisonment of 25 years, plus a fine.

A fraud conviction can have negative ramifications on your personal life as well. If you are convicted of fraudulent activity, it can jeopardize future employment, housing, and other aspects of your life.

 

Why Hire a Virginia Fraud Attorney?

A criminal charge needs to be dealt with quickly and professionally. If not, it can threaten your future and liberty. Dealing with a criminal charge can be stressful, and in some cases, the best strategy can be to intervene before the trial or before the prosecution even files the charges.

If you are facing criminal fraud charges, reach out to a knowledgeable Virginia fraud lawyer for a free case evaluation. Gretchen Taylor Pousson has over a decade of experience defending clients in Virginia courts, with an excellent record of success in litigating tough criminal defense cases.

Potential Defenses Against Fraud Charges

 

There are many ways Virginia fraud lawyers can build a strong defense against fraud charges. Although every case is different, the most common approach revolves around the issue of intent.

Fraud cases in Virginia require the victim to prove intent and that the perpetrator knowingly misrepresented the facts. If the defendant can prove the misrepresentation wasn’t intentional, fraud wasn’t committed. But, that doesn’t mean defrauded party can’t take legal action – he or she can file a claim for negligent misrepresentation.

There are other potential defenses. For example, one can claim evidence police gained was obtained through improper search and should not be used in court. Also, if the defendant can prove they had permission from the alleged victim, that may result in the charges being dismissed.

If you or someone you love is facing fraud charges, reach out to us as soon as possible. Schedule a consultation with Scrofano Law so our Virginia fraud attorneys can evaluate your case and create a defense strategy to help you get your life back on track.

How a Fraud Lawyer Helps with Lawsuit for Fraud in Virginia

 

Fraud is one of the few offenses that can be prosecuted by the federal government or the Commonwealth of Virginia. If the fraud is committed against a bank, a federally insured financial institution, or any federal institution, the case will probably be handled by the federal court.

That’s why it’s crucial to reach out to an attorney who has already fought against the federal government. A Virginia fraud attorney Gretchen Taylor Pousson has represented several clients in state and federal courts in Washington, D.C., and Northern Virginia and can easily guide you through this process.

 

Frequently Asked Questions on Fraud

 

What Is Fraud on the Court in Virginia?

Fraud can also happen in the judicial system. Fraud on the court refers to material representation being made to the court. It can also be a situation where the court itself makes a material misrepresentation. Overall, the court’s impartiality must be disrupted to the point where it cannot perform its functions without bias or prejudice.

Fraud on the court can result in the case being voided and retried by different court officials. Other repercussions include disbarment of attorneys, judges being removed from judicial service, and public officials being removed from their posts.

 

Can You Sue Someone for Fraud in Virginia?

Yes, but the party suing for fraud usually has to prove reasonable reliance for a successful fraud claim. That means those who didn’t believe the false statement of someone trying to defraud them haven’t really suffered any damages, nor have they been defrauded.

On the other hand, those who did believe a false statement and took action in which they were harmed may have a successful fraud case. However, the alleged victim’s belief has to be reasonable, meaning they couldn’t expose the fraud by having been reasonably diligent.

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Charles Graves

I hired Gretchen Taylor over 10 years ago, when I was very young and she successfully defended me from a false allegation.

Now I’m very successful in life, and I have to give Gretchen a ton of credit for her help! She is extremely honest, hardworking, kind, and sees the best in people. She believed in me, and she’s also a very good lawyer.

Through this process I grew up, and I learned that there are good and bad women, good and bad men, and that it’s important to be careful about who you associate with, or hang around or date, because even when you live your life with honesty and integrity, some people are simply trouble. Thanks to this, I’ve been happily married to my amazing wife for almost a decade now, and successful financially. Gretchen didn’t only win my case but she really had good wisdom for me too. She’s very knowledgeable about the law and doesn’t let the system take advantage of you.,

You won’t find a better lawyer, period!

Iracely Pinto

I just wanted to thank Mrs. Taylor for representing me at the Courthouse! She was great dealing with the people there and defended me well with professionalism, courage, and confidence. From the moment I spoke with her over the phone, I knew she was the right Attorney to represent me and defende me from an angry Police Officer who charged me with reckless driving and 2 others tickets. All was unfair and not true. She was just amazing at the Courtroom, and what was supposed to take hours, it just took less than 30 minutes. All the charges against me was dismissed and my record was clear. Thank you God for Mrs. Gretchen Taylor and for her help and for her great experience and dedication towards myself. I highly recommend Mrs. Taylor to anyone in need of a Lawyer.

Deb Obi

Gretchen was a joy to work with because of her wittiness and fast thinking. She was actually recommended to me by another Lawyer who admired the way she handled things in a courtroom they were both in.

Her advice, encouragement, and patience with me as she handled my case was admirable. She knows her stuff and I felt confident that she was able to get the best outcome for my case based on my interactions with her. Her fast thinking and knowledge of the law and procedures allowed for my case to be dismissed. She is fast on her feet, ready to fight for you while being poised.

If you are looking for someone who is going to listen to you, knows the law, willing to fight on your behalf and is empathetic while at it, please go with Gretchen. You will not regret it.

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