If you are facing fraud charges in San Diego, you are likely facing a serious white-collar crime investigation. Fraud allegations are aggressively prosecuted in counties throughout the state — including San Diego County — and convictions can carry jail or prison time, restitution, fines, and long-term professional consequences.
At Kern Law, APC, we have defended clients for over 20 years, accused of Fraud charges. Understanding how California defines fraud and how prosecutors build their cases is critical to protecting your future.
What Are State Fraud Charges in San Diego?
Under California law, Fraud generally involves:
- A false representation, concealment, or misstatement.
- Knowledge the statement was false.
- Intent to deceive.
- Reliance by the alleged victim.
- Financial loss.
It is important to understand that the San Diego District Attorney must prove intent to defraud beyond a reasonable doubt. Negligence, mistakes, misunderstandings, or bookkeeping errors are not criminal fraud.
Common Fraud Charges in San Diego County:
1. Insurance Fraud – PC 550: Knowingly submitting a false or inflated insurance claim. This often involves auto accidents, property damage, or workers’ compensation claims.
2. Identity Theft – PC 530.5: Using another person’s personal identifying information without consent.
3. Credit Card Fraud – PC 484g: Unauthorized use of a stolen, revoked, or forged credit card.
4. Welfare Fraud – WIC 10980: Receiving public assistance benefits through false statements or omissions.
5. Embezzlement – PC 503: Misappropriating money or property entrusted to you.
6. Forgery – PC 470: Falsifying signatures or altering documents with intent to defraud.
Each charge may be filed as a felony or misdemeanor depending on the alleged loss amount, prior record, and circumstances.
Penalties for Fraud Convictions in San Diego County May Include:
- County jail or state prison
- Formal probation
- Substantial fines
- Restitution orders
- Professional license discipline
- Asset forfeiture
- Immigration consequences
- Permanent criminal record
Potential Defenses to Fraud Charges:
Illegal Search or Seizure: Seizing information without a valid search warrant or search warrant exception may result in the evidence being excluded.
Lack of Intent: Intent to defraud must be proven. Poor accounting or misunderstanding is not criminal fraud.
No Actual Loss: If there is no verifiable financial loss, the case may be harder to prosecute.
Insufficient Evidence:If the evidence collected does not rise to the level required to prove each element beyond a reasonable doubt, the District Attorney will have an issue prosecuting the case.
Why Hiring Kern Law, APC, Matters:
Early representation is important. Fraud cases can involve calls from investigating detectives, search warrants, financial records being subpoenaed, and other investigative techniques. It’s important to protect your rights early on in this process. For example, having legal representation will protect you from answering questions.
Kern Law, APC, may be able to intervene before charges are filed, conduct our own investigation, challenge evidence collected, and start preparing a defense to the charges.
Contact Kern Law, APC, today: 619-200-2808
Fraud accusations can damage your reputation, career, and freedom. If you are under investigation or have been charged with fraud in San Diego County, contact my office today for a free consultation: 619-200-2808.