Fraud is one of those legal terms that can be more difficult to define than most people think.
The term generally refers to a wide range of deceptive behavior for personal monetary or other gain. It includes common crimes like credit card fraud — the use of someone else’s card without his or her consent — as well as identity theft and the use of false information for mortgage and insurance purposes. These are serious criminal offenses that can carry significant consequences for the person charged with the crime and his or her family
The good news for anyone accused of fraud in New York is that there are a number of potential defenses available. The burden is at all times on prosecutors to prove your guilt beyond a reasonable doubt. It’s important to consult an experienced criminal defense attorney if you or a loved one is suspected or accused of these and other white collar crimes.
Intent is the key question in just about any criminal fraud case. Generally, prosecutors have to show that the person charged with fraud intended to deceive the victim. That’s easier said than done in many cases. It’s not easy to get inside a person’s mindset at the time of an alleged crime. That’s why many prosecutors rely on circumstantial evidence to try to show that a person charged with fraud was intentionally deceptive for the purpose of depriving the victim of some sort of property.
The truth is that many people accused of fraud may not have known that they made false representations to the victims. For example, a person charged with possessing forged documents, checks or other instruments may not have actually known that the instrument was false at the time. In other cases, a person who makes a false statement may do so without the intent to commit a crime. That’s not to mention the entrapment defense, which generally bars police officers from coaxing people into committing a crime.
If you or a loved one has been charged with domestic violence or related crimes in the Capital District, it is vital to seek the advice of an experienced Albany felony attorney. A lawyer can help you weigh your options and start building the strongest possible defense, in some cases before you’ve even been charged with a crime.
James E. Tyner is an experienced attorney who has been representing clients in domestic violence and other cases for more than a decade. Mr. Tyner has a strong track record of getting optimal results for the people that he represents. He is happy to serve clients in Albany, Schenectady, Latham and throughout the state. Contact us online or call 1-866-715-4396 to schedule a free consultation.