Fraud is far more than just one criminal offense. It represents a vast field of criminal law encompassing numerous offenses. While fraud crimes are often non-violent, they may still lead to very serious felony charges. However, not all fraud offenses are felonies. You should get help from an attorney as soon as possible if you are accused of fraud.

Fraud may be charged as a felony under certain circumstances. Generally, the overall nature of the alleged crime and the monetary value of property that was lost or allegedly stolen may determine whether fraud is charged as a felony. Since many fraud crimes may be charged as misdemeanors or felonies, there may be room for us to try to have your charges reduced. We might challenge the evidence and show that felony charges are not justified. We might instead work out a plea deal where you may plead guilty to misdemeanors instead of felonies.

Call the Liberty Law Team at (215) 826-3314 and ask our Philadelphia criminal defense attorneys for a free, confidential case evaluation.

Is Fraud Charged as a Felony?

Fraud encompasses many different crimes and offenses, so it is difficult to say which ones are charged as felonies and which are charged as misdemeanors. However, certain fraud charges can be graded as severe felonies.

Fraud offenses may range from relatively low-level crimes to large-scale fraudulent operations. Minor offenses, like passing a bad check, are unlikely to be charged as felonies. However, more serious crimes, like insurance fraud or tax fraud, are more likely to be charged as felonies.

Examples of Felony Charges for Fraud Crimes in Pennsylvania

There are far too many fraud offenses to list and describe here, but some commonly known fraud offenses may be charged as felonies.

One example of a felony charge for fraud is forgery. Under 18 Pa.C.S. § 4101(a), forgery is defined as committing fraud through the use of some form of writing. For example, writing fake checks may constitute forgery, or signing someone else’s name to a contract may also be considered forgery. This offense is generally charged as a first-degree misdemeanor, but may arise to a felony under certain circumstances.

You may also face fraud charges for certain fraudulent business practices. Numerous practices listed under § 4107(a) may be grounds for serious criminal charges. If a violation involves a monetary value of more than $2,000, you may face third-degree felony charges.

Insurance fraud is another widely known example of fraud that may be charged as a felony. According to § 4117(d), charges for insurance fraud are typically classified as either third-degree or first-degree felonies. However, other offenses around insurance fraud may be charged as misdemeanors.

What Makes a Fraud Offense a Felony?

Fraud may be charged in different ways, depending on the specific statutes related to your case and certain factors surrounding the case. As such, it may be hard to say whether you could face felonies or misdemeanors until you speak to a lawyer.

Our Pennsylvania criminal defense lawyers will consider the overall size of the fraud scheme. Minor offenses, like passing a bad check, are less likely to be charged as felonies. Larger fraud schemes, like complex insurance fraud schemes, may be more likely to be charged as serious felonies.

Equally important is the amount of money stolen or illegally obtained because of the fraud. While passing one bad check might be a misdemeanor in many cases, it could be a felony if that check is worth a very large sum of money.

We must also consult the relevant statutes. Many fraud offenses may be graded as felonies simply because the law says so. The specific offense might be one that lawmakers are especially interested in deterring, so it is punished more harshly.

Reducing Felony Charges for Fraud in Pennsylvania

Many fraud offenses can be charged as either misdemeanors or felonies, depending on the presence of specific facts and the availability of certain evidence. In some cases, charges may be downgraded, allowing you to avoid the harsh penalties of a felony if you are convicted.

One way to get charges reduced is to challenge the evidence. Is there enough evidence to support felony charges? If the evidence is flimsy, prosecutors might be swayed to downgrade charges to misdemeanors. If they are not convinced, we can file a motion with the court to dismiss the charges for insufficient evidence.

We might instead get the charges downgraded as part of a plea deal. Prosecutors might be willing to charge you with misdemeanors in exchange for a guilty plea. This saves them time, ends the case sooner, and allows you to avoid felony penalties.

How Serious Are Felony Charges for Fraud in Pennsylvania

Fraud can be a tricky offense to handle. While fraud may be charged as a serious felony, it is often a non-violent offense involving financial gain and property, rather than physical harm. As such, prosecutors are often more willing to negotiate plea agreements or reduce charges for defendants.

Even so, do not assume that fighting felony fraud charges is a walk in the park. Defendants may face many years in prison, heavy fines, and possibly other penalties, depending on their charges. If the fraud is alleged to be large in scale, involving numerous victims and large sums of money, you may be far less likely to see any sort of leniency in court.

How to Fight Felony Fraud Charges

Every case deserves an individually tailored defense strategy.

First, we should question whether your actions even amount to fraud. An unhappy customer or client might claim fraud, but your business records may show that there was no deception. Business transactions often carry some risk. The fact that someone’s risk did not pay off does not mean that you defrauded them.

We can also challenge the value of whatever was allegedly taken or lost because of the fraud. In many cases, offense grading is based on the value of the property or money lost to fraud. This is important when the alleged stolen property is an item whose monetary value is subjective, like artwork or real estate.

In some cases, defendants did not mean to defraud anyone and only made honest mistakes. Fraud requires intent to deceive the victim. If the fraud occurred due to a mistake or error, we can contest the charges.

Speak to Our Pennsylvania Criminal Defense Lawyers About Your Situation Immediately

Call the Liberty Law Team at (215) 826-3314 and ask our Abington, PA criminal defense attorneys for a free, confidential case evaluation.