Fraud is the act of theft committed on false pretenses. It involves the taking of someone’s property by deceit or an unfulfilled promise.
Under California Penal Code 532 (a), “Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether real or personal, or who causes or procures others to report falsely of his or her wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraudulently gets possession of money or property, or obtains the labor or service of another, is punishable in the same manner and to the same extent as for larceny of the money or property so obtained.”
The punishment for fraud can vary, depending on the value of the property stolen. Property valued at over $950 can be charged as grand theft. Property valued under $950 can be charged as petty theft.
If you or a loved one has been charged with fraud, do not wait to retain legal counsel. Contact Glew & Kim today for a free consultation.
Learn more about specific charges on our criminal law pages.
To Protect Your Rights, You Must Know Your Rights.
When you are arrested for any crime, felony or misdemeanor, you need to remember these five commandments:
- You have the right to remain silent- USE IT!
- The Fourth Amendment of the United States Constitution guarantees your right to free from unreasonable search and seizure. Always request to see a copy of a search warrant and realize that if the police have no warrant they will seek your consent to search. If you give them consent you have waived your 4th amendment rights. This gives the police the discretion to invade your privacy.
- You have the right to speak with an Attorney. If you ever in doubt as to any question or instruction given to you in the course of an investigation utilize this right.
- You have the right to trial in most cases. Many Lawyers go to great lengths to avoid taking their cases to trial, perhaps reassigning them to associate attorneys or hastily recommending guilty pleas. WE WILL TRY YOUR CASE!
- You have the right to be free from unreasonable bail. Always consult with an attorney before posting bail to determine the reasonableness of bail. Remember, you are entitled to a bail hearing.