FRAUD CHARGES

What kind of cases are charged as Fraud?

There are a variety of crimes that can be classified as fraud related charges. In some cases fraud charges involve allegations of theft and can be charged as a Theft charge; other times it involves the use of someone else’s identity or financial information. In fact, sometimes even simply having someone’s identification card or debit card can lead to felony charges. Although some cases may be simple, financial fraud cases can also become very complicated with a large amount of financial documents and records that your attorney will need to review to build your case.

California has a variety of laws relating to specific types of fraud, for example insurance fraud, healthcare fraud, other benefit fraud, and even fraud related to automobiles

What are some common fraud charges?

To read more about a specific charge in detail, read on below:

• Identity Theft

• False Impersonation

  • Providing False Identification to an Officer

  • Possession of a Fake ID

• Financial Fraud

  • Insurance and Benefit Fraud Charges

ORGANIZED RETAIL THEFT

Definition of Organized Retail Theft

Under California Penal Code 490.4, Organized Retail Theft can be charged when the allegations are any of the following:

• Acting in concert with one or more person to either:

  • steal merchandise from a merchant or market place (in person or online) with intent to sell, exchange or return it for value; or

  • receive, purchase, or possess such merchandise, knowing or believing it to have been stolen

• Acting as an agent of another or group of individuals to steal merchandise from a merchant or market place (in person or online) as part of an organized plan to commit theft.

• Recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake any of the acts described above or other theft of merchandise.

This offense is a wobbler, meaning it can be charged as a felony or a misdemeanor depending on the allegations and your criminal history.

Organized Retail Theft vs. Regular Theft

Organized Retail Theft is very similar to Shoplifting, Petty Theft, or potentially Grand Theft. So what makes them charge it as Organized Retail Theft? The reviewing District Attorney will look at the circumstances; factors like whether there is evidence you were working with others, there was a larger conspiracy, or even whether the goods were of the type and in the amount that it is likely the intent was to resell them for value.

Receiving Stolen Property

Definition of Receiving Stolen Property

Under California Penal Code 496, the charge of Receiving Stolen Property encompasses a variety of situations outlined below

• To buy, receive, conceal, withhold, sell; or aid in doing any of these acts,

• Another’s property,

• That has been stolen,

• Knowing that it has been stolen

This offense is a wobbler, meaning it can be charged as a misdemeanor or felony depending on the value of the property. If the value is $950 or less it will be charged as a misdemeanor; if it is over that amount it may be charged as a felony.

Business Owners

The requirements for business owners are slightly different regarding the requirement of knowing the item was stolen. For people whose primary business is dealing in or collecting goods property, this element can be met is they should have known that the goods were stolen or failed to inquire whether they were stolen.

VEHICLE THEFT CHARGES

What are the charges for vehicle theft in California?

In California there are specific charges relating to theft of a vehicle, that vary depending on the allegations. These offenses vary greatly in what it takes for the State to prove these charges and convict you, as well as what the potential punishments can be. Therefore, we are breaking down each charge below.

In this article we are reviewing the following vehicle theft charges:

• Grand Theft Auto

• Joyriding (Unlawful Taking or Driving of a Vehicle)

• Carjacking

Read more on each below.

Burglary

Definition of Burglary

Most people believe that the charge of Burglary has something to do with a Theft, but that is not necessarily the case. Burglary is a property crime as it does have to do with allegations of unlawfully gaining entrance to a building. However, a Burglary can be charged under California PC 459 when a person enters a building with the intent to commit either a petty or grand theft; or any other felony. The type of Burglary you are charged with depends on the type of building in question. The definition of this charge is outlined in more detail below as we break down both Burglary in the Second Degree and Burglary in the First Degree. Read on to learn more about each.

Definition of Entering

Burglary involves allegations of entering a building. Under PC 459, burglary does not require breaking into a building, a burglary can be charged even if the building was unlocked, or you were invited inside. Entering an unlocked building, a room within a building or a locked vehicle or other structure can satisfy a burglary as long as the intent requirement is met.

Intent Requirement

Note that the definition of Burglary under PC 459 requires the intent to commit a theft or other felony - it does not actually require you to complete the crime, just the intent is enough. The intent must exist when you enter the building, therefore if you entered the building with no intent to commit any crime, but then decide to commit a theft on your way out; that is technically not a burglary.

Robbery

Definition of Robbery

Because Robbery is a crime with multiple offenses that slightly differ in their definitions and requirements, it is important to first understand the definition of a Robbery. With any crime, the prosecutor must prove every element of that crime beyond a reasonable doubt. The below definition outlines what each element is that must be proven.

RCW 9A.56.190 defines Robbery as follows:

• Unlawfully taking personal property

• Either:

  • From their (or another’s) person; or

  • In their presence against their will by

    • use or threat of immediate force,

    • violence, or

    • fear of injury to the person, their property or the person or property of anyone.

What level of force?

According to RCW 9A.56.190 degree of the force does not matter, therefore it can be very minimal. The force or fear must be used to:

• Obtain or retain possession of the property

• Or prevent or overcome resistance to the taking

In fact, according to the law the person this force was used against does not even have to be aware of that force, if their knowledge of it was prevented because of the force or fear used. This differs from an Assault, which requires the person to have fear or apprehension.

Two Degrees of Seriousness

In Washington some crimes have multiple degrees of seriousness, and this is one such charge. Robbery has two degrees of seriousness, with First Degree being the most serious. Both are discussed below.

What are the different charges of Theft?

There are many charges classified as theft offenses

There are many crimes that fall under the umbrella of theft offenses in Washington, which you can find more about here. There are charges that apply to specific types of theft situations. However, this article reviews the general charge of “Theft” which has several classifications.

The three degrees of Theft in Washington

The general charge of Theft In Washington has three varying levels of seriousness ranging from misdemeanor to felony as outlined below. These levels are primarily differentiated by the value of the alleged theft. Read more about each below.

Theft in the Third Degree

Theft in the Second Degree

Theft in the First Degree

Read more on each!

What are the different charges of Theft?

There are many charges classified as theft offenses

There are many crimes that fall under the umbrella of theft offenses in Washington, which you can find more about here. There are charges that apply to specific types of theft situations. However, this article reviews the general charge of “Theft” which has several classifications.

The three degrees of Theft in Washington

The general charge of Theft In Washington has three varying levels of seriousness ranging from misdemeanor to felony as outlined below. These levels are primarily differentiated by the value of the alleged theft. Read more about each below.

Theft in the Third Degree

Theft in the Second Degree

Theft in the First Degree

Read more on each!

What are the different charges of Theft?

There are many charges classified as theft offenses

There are many crimes that fall under the umbrella of theft offenses in Washington, which you can find more about here. There are charges that apply to specific types of theft situations. However, this article reviews the general charge of “Theft” which has several classifications.

The three degrees of Theft in Washington

The general charge of Theft In Washington has three varying levels of seriousness ranging from misdemeanor to felony as outlined below. These levels are primarily differentiated by the value of the alleged theft. Read more about each below.

Theft in the Third Degree

Theft in the Second Degree

Theft in the First Degree

Read more on each!

REINSTATING YOUR RIGHTS

If your firearms rights have been affected due to a criminal conviction, it is possible to get those rights restored. Doing so can be a very complicated process, here we break down everything you need to know about reinstating your firearms rights. If you need help restoring your rights, schedule a free consultation about your options here.

Your Firearms Rights Do Not Automatically Reinstate

Many people think that after a conviction their rights will reinstate at some point, but this is not the case. You always have to actively petition to restore your firearms rights. Don’t make this mistake and end up with a criminal charge for unlawful possession of a firearm. For both State and Federal level prohibitions you must take action to reinstate your rights.

Learn more about Firearms Rights suspensions and what process you need in order to reinstate your rights below.

Restraining Orders are serious business and violating them is a crime - it can even be a felony. There are different types of orders and we discuss them all below. This article will answer common questions about No Contact Orders, including:

• How to avoid criminal charges for violating a Restraining Order

• What you can do about a Restraining Order

• What happens if the protected party wants you to have contact with them despite the order?

• What if the victim wants the Restraining Order removed?

Read on for more information.

No Contact Orders are serious business and violating them is a crime - it can even be a felony. There are different types of orders and we discuss them all below. This article will answer common questions about No Contact Orders, including:

• How to avoid criminal charges for violating a No Contact Order

• What you can do about a No Contact Order

• What happens if the protected party wants you to have contact with them despite the order?

• What if the victim wants the No Contact Order removed?

Read on for more information.

Organized Retail Theft

What constitutes a Theft?

To understand the elements of Organized Retail Theft, it helps to have an understanding of the definition of a theft. You can read about what a Theft actually is here.

Definition of Organized Retail Theft

Under RCW 9A.56.350, Organized Retail Theft can be charged when the allegations are any of the following:

• Committing theft of property valued at $750 or more from a mercantile establishment with an accomplice

• Possessing Stolen Property, as defined in RCW 9A.56.140, valued at $750 or more from a mercantile establishment with an accomplice

• Committing theft of property cumulatively valued at $750 or more from one or more mercantile establishments within a period of up to 180 days

• Both:

  • Committing theft of property cumulatively valued at $750 or more from a mercantile establishment with 6 or more accomplices and

  • Making or sending an electronic communication seeking participation in the theft in the course of planning or commission of the theft.

Mail Theft

Definition of Mail Theft

Many people have heard that taking someone else’s mail is a felony, and this is true in Washington. However, under this charge simply having one piece of another person’s mail will land you with this type of charge. Under RCW 9A.56.370, you can be charged with the offense of Mail Theft if:

• You commit a theft of mail addressed to 3 or more different addresses; or

• Commit theft of a minimum of 10 separate pieces of mail.

You may be charged with one criminal count for each set of mail that meets either of the above definitions. So for example, if you have multiple groups of 10 or more pieces of mail, each group of 10 may be charged as one count of Mail Theft.

Potential Outcomes for a charge of Mail Theft

As a felony, this charge carry some serious consequences. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.

Potential punishments for a conviction for a Class C felony range as follows:

• 0-5 years of prison (this may vary dependent upon your offender score, history, and charges)

• Fines of $0-$10,000

• Probation or DOC Supervision if you serve time in the Department of Corrections.

• Restitution

• Classes or Treatment

• Prohibition of Possessing Firearms

• A No Contact Order with the alleged victim of the Theft

Definition of Possessing of Stolen Property

According to RCW 9A.56.140, Possessing Stolen Property is defined as follows:

• To knowingly receive, retain, possess, conceal, or dispose of stolen property

• Knowing that it has been stolen; and

• To withhold or appropriate it for the use of someone other than the true owner

This is the case regardless of whether the person who stole the property has been charged or identified. All of these elements must be proven beyond a reasonable doubt. Therefore if it cannot be proved that you had knowledge that the property was stolen, then you cannot be convicted of this offense.

Different Degrees of Seriousness

In Washington, some crimes have multiple levels of seriousness, and Possessing Stolen Property is one of these charges. The more serious the charge, the more severe the potential punishment can be. Possessing Stolen Property in the First Degree, which is a felony is the most serious, and Possessing Stolen Property in the Third Degree, a misdemeanor is the least serious. All are outlined below.

Extortion

Definition of Extortion

RCW 9A.56.110 defines Extortion as:

• Either:

  • Knowingly obtaining by threat; or

  • Attempting to obtain by threat

• Property or services of the owner

This definition explicitly states that it includes sexual favors. All of these elements must be proven beyond a reasonable doubt, therefore if any element fails the case may not be able to be proven.

Extortion in the First Degree or Second Degree

In Washington, some offenses have multiple degrees of seriousness, and Extortion is one of these charges; with Extortion in the First Degree being the most serious. The more serious the charge, the more severe the potential consequences can be. both charges are outlined in detail below.

• Extortion in the Second Degree

• Extortion in the First Degree

Fraud Charges

What kind of cases are charged as Fraud?

There are a variety of crimes that can be classified as fraud related charges. In some cases fraud charges involve allegations of theft and can be charged as a Theft charge; other times it involves the use of someone else’s identity or financial information. In fact, sometimes even simply having someone’s identification card or debit card can lead to felony charges. Although some cases may be simple, financial fraud cases can also become very complicated with a large amount of financial documents and records that your attorney will need to review to build your case.

What are some common fraud charges?

To read more about a charge in detail, read on below.:

• Identity Theft

• Possession of Another’s Identification

• Financial Fraud

• Unlawful Issuance of Checks or Drafts

Firearm Theft or Possession of a Stolen Firearm

Theft Offenses Specific to Firearms

Washington State has offenses for both Theft and the Possession of Stolen Property; but those charges do not apply to cases regarding Firearms. Washington State has specific charges for allegations of both theft of firearms or the possession of a firearm that has been stolen.

Are these offenses misdemeanors or felonies?

Almost all offenses involving firearms are felonies, and that is the case for both of these charges. Read about each charge and the potential consequences of them below.

Read more on Each:

Theft of a Firearm

Possessing a Stolen Firearm