Fraud allegations in Indiana are serious; you can go to jail if convicted in some instances. Understanding what it means to commit fraud in this state and the penalties is essential. Continue reading to learn more, and speak to a fraud defense attorney at Gemma & Karimi, LLP, for high-quality legal representation. Our vaunted criminal defense attorneys were named to the Super Lawyers Rising Star List in 2018, 2019, and 2020.
Understanding Fraud Charges in Indiana
Fraud laws in Indiana are governed mainly by Indiana Code Section 35-43-5-4, which outlines criminal fraud and financial fraud. The penalties depend on the amount of money involved and other factors, such as intent and your criminal history.
Fraud in Indiana is defined as a person knowingly and intentionally:
- Made misleading or false statements, or created a false impression to obtain money, data, property, or benefits belonging to another party.
- Caused another person to obtain money or property through misleading or false statements, or presenting claims with incorrect information.
- Possessed, manufactured, used, or altered devices or documents to illegally obtain money, property, or benefits.
- Engaged in a scheme to commit any of the actions mentioned above.
Common types of fraud in Indiana are financial, credit card, money laundering, check, and insufficient funds-related fraud. An experienced criminal defense attorney specializing in fraud defense can help you understand the charges you face and build a strong defense with a fraud attorney.
Facing criminal charges in Indianapolis?
Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!
Types of Fraud Cases We Handle
Our criminal defense attorneys handle all types of fraud cases, including financial fraud against a financial institution, bank fraud, insurance fraud, credit card fraud, and identity theft.
We can also assist with alleged fraudulent activity, such as false claims and false pretenses. Our fraud defense lawyer can defend you if there are federal laws and regulations allegedly broken, including those related to financial institutions. Contact us if you face any serious fraud criminal charges, including those related to criminal intent and reasonable doubt. The state prosecutors must prove intent and your guilt beyond a reasonable doubt.
Potential Penalties for a Fraud Conviction in Indiana
There are various punishments for a fraud conviction in Indiana, depending on whether there are misdemeanor or felony charges:
- Class A misdemeanor: Up to one year in jail and a fine of up to $5,000.
- Level 6 felony: The criminal offense happened within seven years of a previous unrelated conviction under the identical article, and the loss was between $750 and $50,000. The penalty is 6 months to 2.5 years of prison time and a fine of up to $10,000.
- Level 5 felony: Insurance fraud under state law can reach Level 5 felony status if the loss is more than $50,000. The penalty is one to six years in prison and a fine of up to $10,000.
There are also related fraud charges that can be charged as misdemeanors or felonies based on the amounts involved:
- Forgery: This crime involves altering, making, or using false documents intending to defraud.
- Check fraud: This crime is delivering or issuing a check with the knowledge that it will not be honored.
- Identity deception: This crime entails using another person’s ID to harm or defraud.
Building a Strong Fraud Defense
In Indiana, defending against fraud charges involves strategies tailored to the specific circumstances of the case and the type of fraud alleged, such as check fraud, identity theft, insurance fraud, or general financial fraud. Fraud is broadly defined under Indiana law (e.g., Indiana Code 35-43-5-4) as intentionally deceiving someone to obtain money, property, or benefits, and defenses aim to challenge the prosecution’s evidence or intent requirements. Here are some common fraud defenses used in Indiana:
- Lack of intent: Fraud requires intentional deception by the defendant. A vigorous defense can argue that there was no intent to deceive or defraud. For example, suppose a mistake or misunderstanding led to the alleged fraudulent act, like an honest error in financial reporting or a check written without knowledge of insufficient funds. In that case, it may negate the intent element.
- Consent: If the alleged victim knowingly consented to the actions in question, this can serve as a defense. For instance, if someone permitted you to use their credit card or property, and you have evidence, it could undermine the fraud claim.
- Insufficient evidence: The prosecution must prove fraud beyond a reasonable doubt. A defense can focus on weaknesses in their case, such as lack of documentation, unreliable witnesses, or failure to link you directly to the fraudulent act.
- Mistaken identity: In cases like identity theft or impersonation, you might argue that you were wrongly accused due to a mix-up. Evidence such as alibis, surveillance footage, or digital records could support this claim.
- No knowledge of falsity: If you didn’t know the information or action was fraudulent, like using a forged document you believed was legitimate, this can be a defense. For example, in check fraud cases, showing you were unaware of insufficient funds or a forged signature might apply.
- Rectification: In check fraud, if you corrected the situation before legal action escalated, this can be a defense under Indiana law, as it shows no intent to defraud.
- Entrapment: This could apply if law enforcement or another party induced you into committing fraud you wouldn’t have otherwise pursued. This defense requires proving you were not predisposed to the act.
- Substantial performance: In cases like home improvement fraud, if you completed most of the agreed work and deviations were unintentional, this might reduce or eliminate fraud liability.
- Duress: If you were coerced into the fraudulent act under threat or pressure, this could excuse your actions, provided you can prove the duress was immediate and credible.
A strong criminal defense attorney can adeptly defend you against fraud allegations with one or more defenses outlined above. They can also help you negotiate a plea agreement or represent you at trial.
Frequently Asked Questions
Common questions about Indiana fraud cases include:
The main fraud types in Indiana that are criminal offenses are general fraud, identity deception, credit card fraud, insurance fraud, application fraud, and fraud involving documents. Punishments range from one year in jail and a $5,000 fine for a Class A misdemeanor, to six or more years in prison and a $10,000 fine for a Level 5 felony.
A Class A misdemeanor usually involves less than $750 and may be punished by up to a year in jail and a $5,000 fine. A Level 6 felony is for amounts between $750 and $50,000, with six months to 2.5 years in jail possible and a fine of $10,000. A Level 5 felony is on the table if it’s involving more than $50,000. A one to six-year prison term is possible with a criminal fine of $10,000 if convicted.
The distinction between misdemeanor and fraud offenses depends on the value of the money or property, as well as specific case circumstances. For example, a $500 check fraud case would usually be a Class A misdemeanor, while a $3,500 false check would potentially be a Level 6 felony.
Yes, your financial fraud charge can be dismissed for various reasons, including insufficient evidence, procedural errors, and plea negotiations. A plea bargain for the alleged fraud could lead to a reduction of punishment, especially if it is a first time offense. The court may offer pre-trial diversion that potentially leads to a charge reduction or dismissal. A skilled fraud attorney will work tenaciously to reduce or dismiss your fraud charges.
Say as little as possible to the police about the alleged fraudulent behavior and charge. Speak to a skilled fraud defense lawyer immediately. Your words will be used against you by the police, so only answer questions with your fraud defense lawyer present.
It depends on the case. For someone suing for fraud damages in civil court, it can take six to 12 months. For a criminal fraud case, how long the case takes depends on the court schedule and whether it is a misdemeanor or felony. Felony cases often take several months longer.
Build A Strong Criminal Defense With Germma & Karimi
A fraud charge is terrifying, and your future is uncertain, but outstanding legal representation greatly enhances the chances of a favorable case outcome. Contact our fraud defense attorney now at (317) 602-5970 for a legal consultation. Our defense lawyer’s track record is strong, and we will protect your rights and reputation by building a strong defense advocating for you and helping to avoid the serious consequences of a fraud conviction.
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