One of the most serious types of white collar crimes–meaning a crime that is nonviolent and typically involves money–is insurance fraud. In fact, insurance fraud is so serious that, depending on the value of the fraudulent claim, insurance fraud can be prosecuted as a first, second, or third degree charge with a penalty of up to 30 years in prison.
When you are facing an insurance fraud charge, the very first thing that you should do is contact an experienced lawyer. At the offices of the All Criminal Defense Group, we have the history of success you are looking for.
Florida Law and Insurance Fraud
2017 Florida Statutes, Chapter 817, Section 817.234 clearly defines a false and fraudulent insurance claim, and the act of committing insurance fraud, as:
- Presenting a statement or claim to an insurer knowing that that claim has fraudulent or misleading information; or
- Knowingly concealing information; and
- Doing so with the intent to injure, defraud, or deceive any insurance.
In other words, anytime someone files an insurance claim, or presents information to an insurer that they know to be false or misleading, and does so with the purpose of attaining some sort of economic gain, they are committing an act of insurance fraud. Health care providers, private consumers, businesses, and others may all be guilty of insurance fraud depending upon the circumstances.
What Are My Defenses to a Charge of Insurance Fraud?
It is important that you start building your defense now if you want to fight the charges against you (keep in mind that striking a plea deal is always an option too, depending upon the circumstances of your case). Some potential defenses to a charge of insurance fraud include:
- The information submitted to the insurer was not false;
- That there was no intent to deceive/defraud in submitting a claim; or
- That the misinformation was purely accidental (again, that there was a lack of intent) or that there was a mistake of fact (i.e. at the time the claim was being filed, the defendant truly believed the information they provided was true).
Because in a criminal case, the burden of proof is on the prosecution, it is not your job to prove your innocence; however, in order to impede the prosecution’s efforts to prove your guilt, submitting evidence or filing motions to have certain evidence withheld is an important part of the criminal process. At the offices of the All Criminal Defense Law Group, P.A., we understand the important role that a defense attorney plays, and will be aggressively working for you throughout the entire process.
Contact Our Law Offices Today
The prospect of decades in prison for committing an act of insurance fraud is no doubt a bit terrifying. When you contact our experienced Hillsborough County criminal defense lawyer, we will do everything possible to attain the best possible outcome for your case. Since 1997, we have been successfully representing clients in Florida, and know what we’re doing. For a free case consultation, please contact our law offices today online or by phone.