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Utah Insurance Fraud Attorney - Salt Lake Criminal Defense

A criminal charge for insurance fraud in Utah can result in a felony conviction and other serious consequences. Having an experienced criminal lawyer on your side can help give you the best chance of success in your case. Stephen Howard is a seasoned Utah criminal defense attorney, with extensive experience defending financial crimes, including fraud, forgery, theft by deception, and more. Contact us today to arrange for an initial consultation.

Utah's criminal code includes two kinds of insurance fraud: fraud in obtaining or renewing an insurance policy, and fraud in making a claim on an existing policy. Depending on circumstances, an insurance fraud charge can be filed as either a misdemeanor or felony. But any fraud charge should be taken seriously.

Two Types of Insurance Fraud in Utah

Filing a Fraudulent Insurance Claim in Utah
The more common, and more serious, of the two types of criminal insurance fraud in Utah involves making a false or fraudulent claim on an insurance policy. The offense level for this type of insurance fraud charge is based on the value of all property, money, or other things fraudulently claimed. Claims valued at over $5,000 can result in second degree felony charges, punishable by up to 15 years in prison. Claims valued at $1,500 but less $5,000 can result in third degree felony charges. Claims valued at less than $1,500 can result in misdemeanor charges.

Utah Fraud Defense LawyerUtah's criminal insurance fraud statute does not make a distinction between fraudulent claims that are actually paid out as compared with claims that are determined to be fraudulent before any payment is made. Utah's insurance fraud statute states that the level of the offense is based on the value of property, money, or other things "obtained or sought to be obtained" through the fraud. That means that even if you do not actually obtain any profits, money, or other compensation, the level of the offense is the same as if you had actually gotten paid on the claim.

For example, if a person files a fraudulent insurance claim for $5,000, but never receives a penny, that person can be charged with a second degree felony, punishable by up to 15 years in prison. A person who actually receives the $5,000 could also be charged with the same second degree felony.

Fraudulently Obtaining or Renewing an Insurance Policy in Utah
A second less common, and less serious, type of insurance fraud involves the use of fraud to either obtain or renew an insurance policy. This type of insurance fraud can be based on any written statements, oral statements, or other representation that a person knows to be false, which is made for the purpose of obtaining or renewing an insurance policy. As the least serious variety of insurance fraud, this offense is classified as a class B misdemeanor and is punishable by up to 180 days in jail, along with fines and other conditions of probation.

Consequences of an Insurance Fraud Conviction in Utah

Depending on the circumstances, a Utah insurance fraud charge can be filed as either a misdemeanor or a felony. Potential sentences can include substantial jail or prison time, as well as thousands of dollars in fines in addition to required restitution.

In addition to the sentence imposed by a court, an insurance fraud conviction can carry other consequences beyond the original criminal case. A fraud conviction can make it more difficult to find a job. Many people have lost current jobs when their employers have learned of their fraud charges. A fraud conviction can be used to impeach you if you ever have to testify in court, either in a criminal matter or a civil matter. A fraud conviction also carries a social stigma not associated with many other criminal charges. Whatever the level of fraud charge you are facing, it should be taken seriously.

Finding a Criminal Defense Attorney Utah

Utah Criminal Defense AttorneyChoosing the right defense attorney to handle your case can be one of the most important decisions you make. Based in Salt Lake City, criminal defense attorney Stephen Howard offers legal services to clients throughout Utah. His record of success includes not guilty verdicts at trial, outright dismissals, and reversals on appeal.

If you are facing criminal charges for insurance fraud, contact Stephen Howard now to schedule an initial confidential consultation. Learn how a seasoned criminal defense attorney can help you.

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  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • 402 Reduction Lawyer Utah 2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
340 East 400 South, Suite 25, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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