Law & Legal & Attorney International Law

Defending against Insurance Fraud Charges

Do you know about the possible defenses that could come to your use when you face a criminal charge? Do you think that all criminal charges require the same defense? In most cases, individuals, excepting legal professionals, do not have a clear idea about criminal laws. For this reason, you need to get an attorney for defense in an insurance fraud case.

Here is a quick look at some of the details in this regard.

What is a fraud pertaining to insurance? If an insurance recipient, like an individual or organization, or a service provider, like a medical professional, uses distortion or deception to claim money on grounds of loss or damages from an insurance provider, this is a fraudulent activity.

Which activities classify as fraud? This could range from minor ones like exaggerating a theft claim to increase damage recovery amount to serious ones like staging murder to claim life insurance. Fraudulent activities may pertain to life insurance, health and medical insurance, auto insurance, and such other categories.

What are the penalties that you may face? The two determining factors in this are - the state legal directives applicable and the specific circumstances of the case. These also determine whether the fraudulent activity is a misdemeanor or a felony. Law enforcement, government agencies or insurance companies may investigate these cases.

The penalties often include fines and jail term for 10 years. However, if there is evidence that the activity involved injuries to another, the jail term may increase to 20 years. If it involves the murder of another, you may face imprisonment for life.

What do you do if you ever face such charges? If you are unfortunate enough to face any such charges, the first thing to do is get in touch with an insurance fraud attorney. Without legal help and representation, putting up a proper defense becomes difficult, so does avoiding a conviction.

Is defense possible in these cases? It is indeed possible to put up a defense. However, it takes time to build it up. You need to contact a defense attorney as soon as possible. Some of the common strategies in use are -

Duress - someone forced you to commit the crime with the use of threat
Entrapment - a government official coerced you into committing a crime that you had no previous intention of committing
Absence of intent - you were not aware that it was a criminal act

Your attorney is the best judge of which strategy would be most suitable for your case.

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