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. Contact us today to schedule a confidential consultation.
Two Types of Insurance Fraud in Utah
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.
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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’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.
A good attorney will talk with you about how your case can affect your job, education, family, and future.
Fraudulently Obtaining or Renewing an Insurance Policy
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
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.
Understanding your goals is the first step to developing the best defense strategy.
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
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