In many cases, insurance fraud takes place in California when an insured individual makes a false claim so that they can receive compensation that was not intended for them. You can’t look at a person and determine if they have committed insurance fraud – because officials have prosecuted doctors, lawyers, and everyday people for these crimes over the years. You can be prosecuted if you tried to benefit from insurance based on a false claim.
Hard Fraud and Soft Fraud: What’s the Difference?
You could be charged with either hard fraud or soft fraud, which are both entirely different concepts in many ways.
Hard Fraud: This is when somebody fakes an accident, injury, theft, or some other type of fraud so that they can collect money illegally. They know they are committing the crime and continue to follow through. These schemes usually involve large amounts of money.
Soft Fraud: This is when somebody tells a smaller lie, for instance, to their insurance company for the purpose of receiving larger amounts of money. It is still a crime, no matter the losses to the company.
Depending on the circumstances of your case and the evidence you have to prove your case, there are some defenses that you could essentially use. You may be able to prove insufficient evidence when it becomes impossible for the jury to prove that you are guilty beyond a reasonable doubt. There may be no intent in your case, which means that the fraud may have happened by accident – such as using somebody’s insurance card by accident. These are very viable defenses that could help you in the midst of your case.
If the prosecution can’t prove the elements of a fraud case, the case will not be able to continue or stand on its own. They have to prove that you knowingly made a false or misleading statement, you made this statement in connection with a claim or payment, and the statement could impact the outcome of the claim. If these elements cannot be proven, your case may be dismissed or you may receive lesser charges for the crime. If you are in need of a skilled defense attorney, call us today. We are willing to help you in your time of need.