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'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

Choosing
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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