Fraud Attorney in Indianapolis
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 Fraud charges in Indianapolis?
Call our Indianapolis Fraud Defense Lawyer at (317) 602-5970 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:
Remain silent. Do not attempt to explain your side to investigators, police, or your employer without legal representation. Statements you make can be twisted to prove guilt. Contact a fraud defense lawyer at Gemma & Karimi immediately to protect your rights.
Under Indiana Code, financial fraud occurs when a person knowingly or intentionally makes a false statement or creates a false impression to obtain money, property, or benefits belonging to someone else.
It can be either. Generally, fraud involving less than $750 is a Class A Misdemeanor. Fraud involving $750 to $50,000 is typically a Level 6 Felony, while amounts over $50,000 can be charged as a Level 5 Felony.
A Level 6 felony in Indiana carries a penalty of 6 months to 2.5 years in prison and fines of up to $10,000.
Yes. A Class A misdemeanor carries a penalty of up to one year in jail and a fine of up to $5,000.
You have the constitutional right to remain silent and the right to an attorney. You do not have to answer questions from law enforcement without your lawyer present. Exercise these rights immediately.
We challenge the prosecution’s case by attacking the evidence. Common defenses include lack of intent (proving it was an honest mistake), insufficient evidence, mistaken identity, or consent from the alleged victim.
To convict you, the state must prove you intended to deceive. If you believed a document was genuine or made a simple accounting error, you did not have criminal intent, which is a strong defense.
Identity deception involves obtaining, possessing, or using another person’s identifying information (such as a Social Security number or name) without their consent to harm them or commit fraud.
You will be processed, booked, and likely held for a bail hearing. Do not discuss the details of your case with police or family members over jail phones. Contact Gemma & Karimi to arrange representation for your initial hearing.
Bank fraud specifically involves schemes to defraud a financial institution. These cases often involve complex financial records and can trigger federal charges with significantly harsher penalties than state-level fraud.
Beyond jail and fines, a conviction results in a permanent criminal record. This can prevent you from securing employment, obtaining housing, holding professional licenses, or getting loans.
Yes. If we can prove rights violations, lack of intent, or weak evidence, we can fight to have charges dismissed or negotiated down to a lesser offense through a plea agreement or pre-trial diversion.
Select a lawyer with specific experience in Indiana criminal law and a track record in financial crimes. You need a firm that understands local court procedures and has the resources to investigate complex financial evidence.
We bring 25 years of combined experience to your defense. Our attorneys provide aggressive, strategic representation to protect your freedom and reputation in Indianapolis courts.
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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