Fraud crimes are a type of “white-collar crime” which includes non-violent and financially motivated crimes that are committed by individuals or organizations. While many people cannot begin to imagine stealing or causing harm to others, some may find themselves accused of fraud. We’re here to help you understand how fraud is defined under criminal law and what to do if you find yourself in this situation.
What Constitutes as Fraud in North Carolina?
There are different types of fraud, and if you are facing formal charges, then you may be under suspicion of lying or purposely misleading someone with false information. Many types of fraud occur through the mail, online, or by phone. Some common fraud charges include:
- Insurance fraud
- Credit card or debit card theft
- Tax evasion
- Identity theft
Fraud charges at the state level can start as a Class 1 misdemeanor, which is a less serious criminal charge. However, if the value of the money or property involved is more than $1,000, North Carolina may instead charge the offense as a Class H felony, which carries more serious consequences.
Understanding Your Rights Under Criminal Law
With any criminal charge, including fraud, you have the right to remain silent, and it’s almost always best to use that right. It’s important to act quickly and you do not have to wait until formal charges are filed against you. Seek help and start building a strong defense as early as possible, even while under investigation. A legal ally with experience in criminal law will best protect your rights and help you seek an optimal outcome for your particular case.
Fraud statutes cover a large range of conduct, but it’s important to know that you are not automatically guilty if you’ve been charged with a fraud crime. There are legal defenses, including a lack of intent, where the State would have to prove that you were knowingly defrauding a person, bank, or agency. If you are charged with fraud and you have no prior criminal record, you might be eligible for a deferred prosecution agreement. The specific facts of your case will help a lawyer build an appropriate defense.