There are many elements considered in a New York fraud case. Once charged, sentences range from community service and warnings to jail time. The real issue, however, is the fact that you will end up with a record. A fraud charge can make almost every aspect of your life difficult to manage. Everyone from creditors and schools to landlords and potential employers will have reservations when working with you.
Common types of fraud
A fraud case entails an individual creating a false instrument. Fraud is committed if someone uses that instrument to defraud, deceive, or injure a person. Examples of fraud include:
- Insurance fraud
- Tax evasion
- Identity theft
- Healthcare fraud
- Credit card fraud
Bringing the charge forward
The court cannot convict of both the making and possession of a forged instrument. By law, a conviction must be one or the other. There will also be charges for the forged possession of currency or cash. The prosecutor is responsible for the burden of proof. That means proving these five elements.
- You intentionally set out to deceive someone.
- It’s a material fact that you used a false statement.
- You knew the statement was untrue.
- The victim had reason to believe the false statement.
- The victim suffered as a result of the fraud (personally or financially).
Almost any person accused of planning to commit fraud is likely to, at the very least, get charged with a Class A misdemeanor, alongside any other charge. No matter the value of an item taken or defrauded, you can find yourself arrested if you use subterfuge.
Presumption of guilt
Law enforcement can legally presume if an individual possesses at least two forged instruments (like a credit and debit card), the purpose is likely to defraud a third party. However, a jury is not obligated to accept the presumption. The presumption, due to the existence of multiple forged instruments, does not play well in court. It’s an element that’s difficult to argue.