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Birmingham Fraud Penalties

Although fraud can take many forms, it is essentially a false representation made in an attempt to deprive an individual or entity of property or money. In other words, a fraudulent offense is an attempt to obtain money or property through dishonest representations. A fraud conviction could potentially lead to severe penalties. A person could end up paying a lot of money in fines, or be sentenced to prison.

If you are facing a fraud charge and are worried about the consequences following a potential conviction, speak with a professional fraud attorney today. A lawyer could provide you with more information about Birmingham fraud penalties, as well as legal advice for building a defense.

Common Penalties

The most common Birmingham fraud penalties involved forged checks. Forged checks can carry a penalty of up to 14 years. The penalties for credit card fraud vary based on the amount. If the amount is over $1,000, at the penalty could be four years, which could also be the penalty for possession of a stolen credit card.

Immediate Consequences

If the person is charged with a felony, they could receive several years in prison or an extended period of probation. Unfortunately, a felony can affect one’s social reputation and future employment prospects. Prior convictions typically cannot be introduced into evidence unless the person takes the witness stand, but sometimes in the case of fraud, the conviction can be introduced because it speaks to the person’s honesty and integrity.

If a person is charged with murder, the fact that they were an embezzler in the past would not be relevant, but if they are charged with theft, the fact that they had a prior fraud conviction might be used against them. This could also increase the severity of Birmingham fraud penalties.

Common Types of Fraud

Generally, the most common types of fraud are check fraud and credit card fraud.  The most common type of check fraud occurs when an individual writes a bad check, or, a check for which they do not have sufficient funds. In instances of credit card fraud, an individual generally obtains another individual’s credit card number, or credit card itself, and uses it to purchase property.

How Has the Internet Changed the Spectrum of Fraud Cases?

The internet has had a tremendous impact on the spectrum of fraud cases. Today, many individuals make purchases online using credit cards that they once would have made in person. There are a number of ways that such information can be obtained by third parties, leaving individuals susceptible to credit card fraud at an increasing rate. Moreover, due to the nature of the internet, in many circumstances, the identity of the individual who committed the fraud is unknown and indiscernible, making such fraud more difficult to combat.

Handling Charges

Often, individuals who have been charged with fraud assume that the prosecution has amassed significant evidence against them, despite the fact that it is often the case that the prosecution has only circumstantial evidence that is insufficient to build a successful case. An experienced fraud attorney understands the applicable laws and the evidence necessary for a case to be brought against their client.

Importantly, an individual cannot be convicted of fraud unless the prosecution proves each element of its case beyond a reasonable doubt. An attorney can help to point out and establish flaws in the prosecution’s evidence, working to prevent a conviction. Finally, even individuals who admit to committing fraudulent activity can be assisted by an attorney. In many cases, such an individual may face reduced Birmingham fraud penalties if they make restitution for their actions.

Making a Plea Deal

The likelihood of plea deals can be good for Birmingham fraud offenses. Probably the most important factor is whether the aggrieved party can be made whole. If this can be accomplished, there is usually a good chance of getting a satisfactory pre-resolution. On the other hand, if the person has taken so much money that they cannot make that person whole again, there is a greater likelihood of facing severe Birmingham fraud penalties.