If you have been arrested for Auto Insurance Fraud in Orange County, then you are going to have many questions. The team of attorneys at The Atias Law Group can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. Auto Insurance Fraud is essentially referring to any incidence of California criminal fraud that involves car insurance. If you have been charged with Auto Insurance Fraud in Orange County, please contact our firm to schedule a free consultation regarding the arrest, charges and allegations. Here are several examples of activities that could lead to California car insurance fraud charges:

• A person abandons their car in a remote location, with plans to report it as stolen and collect the insurance compensation.
• After a minor collision that causes no damage to her SUV, a woman submits a claim to her insurance company claiming that scratches the car has had for a long time were the result of the minor collision.
• As part of a vehicle insurance fraud conspiracy, the owner of an auto repair shop regularly gives out astronomical estimates of vehicle repair prices.

“Auto Insurance Fraud” as it is commonly known, is unfortunately a charge that can be misconstrued or alleged by the Police under a very wide variety of circumstances and facts that may not truly be an Auto Insurance Fraud as defined by California State Law. The Attorneys at The Atias Law Firm know how to decipher and construe each element of that offense to make sure that zealous police officers and trumped up charges will not ultimately lead to a lengthier prison term or jail sentence than may be required, if any based on a case by case basis and the facts presented. Our attorneys work hard to differentiate the fine details in order to help prove that simply because a police officer may have arrested you for that crime… it may not be the crime actually committed.  I cannot stress that point enough, just because you are charged with a certain offense does not mean that is the offense you may have committed. Let’s examine the actual statutory law, the possible reductions to other lesser offenses, the penalties and finally the full on legal defenses.

Auto Insurance Fraud Penal Code 548-551

The Law for Auto Insurance Fraud is set out in California Penal Code Sections 548-551. For the Orange County District Attorney’s Office to prove that a defendant is guilty of Auto Insurance Fraud, the Prosecutor must prove one of the following was committed:

• Defendant damaged, hid, or abandoned your vehicle on purpose, with the intent to collect car insurance compensation for it;
• Knowingly submitted a fraudulent auto insurance claim for a loss due to damage, destruction, or theft of a vehicle;
• Knowingly presented two or more auto insurance claims for the same loss, with intent to defraud;
• Caused or participated in an automobile accident with intent to fraudulently collect the auto insurance compensations; and/or
• Knowingly presented or prepared any written or oral statement as part of an insurance claim that contains false or misleading information, or falsely claim that you live in California on an application for auto insurance.

The Auto Insurance Fraud laws in Orange County can be confusing to a defendant charged with that crime. Our team of Lawyers in Orange County know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, .... But not necessarily Auto Insurance Fraud.

Possibilities & Penalties for Auto Insurance Fraud In Orange County

Most forms of California auto insurance fraud are felonies in California law. But a few kinds of auto insurance fraud—such as preparing or submitting false statements, or the forms that are committed by business or auto shop representatives—are California wobblers, which means they may be charged as either misdemeanors or felonies Misdemeanor Auto Insurance Fraud is punishable by up to one year in county jail and a $1,000 fine. Felony Auto Insurance Fraud may result in a sentence ranging up to five years in state prison and fines up to $50,000 or twice the amount of the fraud committed. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Legal Defenses to Auto Insurance Fraud in Orange County

The Atias Law Group’s Defense team of skilled lawyers located in Orange County, CA have over 20 years combined experience, therefore we know the defenses that may help get your Auto Insurance Fraud charge dismissed. There are several defenses to Auto Insurance Fraud in Orange County, however the applicability of those defenses depends on the facts of your case.

1. For if you did not act with fraudulent intent or have knowledge of fraudulent activity; and/or
2. There is insufficient evidence to support the charges

Additionally, as you can see above, the Prosecutor has a lot to prove. We may be able to show that any number of the requirements of the law aren’t met or that there is insufficient evidence. For instance, we may be able to show that the you did not intentionally act to commit auto insurance fraud. Also, we may be able to show that there isn’t enough evidence to support the charges being brought against you. Also, if you have been charged with multiple counts of Auto Insurance Fraud, we may be able to get all your charges consolidated into one charge, with one penalty.

Reducing Auto Insurance Fraud to a Lesser Charge

Circumstances may allow the Prosecutor to charge you with Misdemeanor Auto Insurance Fraud, rather than Felony Auto Insurance Fraud. These circumstances include that the Auto Insurance Fraud was limited to preparing false documents.

How Can Auto Insurance Fraud Charges in Orange County Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor, which can avoid the maximum sentence a Judge may want to sentence a defendant to after a trial. Our attorneys always want to be reasonable with our clients and not mislead or misguide their expectations, while making certain they understand just how long serving a lengthy prison sentence. Our skilled attorneys may be able to get your Auto Insurance Fraud charge reduced, and a Felony Auto Insurance Fraud penalty reduced to a Misdemeanor Auto Insurance Fraud charge.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Auto Insurance Fraud, then you may face increased penalties in your current case. The Atias Law Group with years over 20 years combined experience aggressively challenges any prior convictions. For instance, if your prior conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken, so that your sentence is not enhanced. If we can successfully strike your prior convictions, then you may only face first time penalties. Call the Atias Law Firm today to see if your prior convictions may impact your current charge.

What Should I do about an Auto Insurance Fraud charge in Orange County?

Just pick up the phone and call. One of our attorneys will look at your personal history and the facts surrounding the charges against you, and then we can discuss pos