Criminal allegations of fraud can be challenging to contest, primarily because there are various types of fraud codified under state law, and each has its own unique penalty structure. Protecting your rights and future prospects in a situation like this can be next to impossible if you try to fight your case by yourself.
Fortunately, help is available from a Manhattan fraud lawyer who has experience handling numerous situations like yours and efficiently seeking fair final case results. With a skilled criminal defense attorney on your side, you could have the best possible chances of securing the best possible resolution based on your unique circumstances.
There is no single statute defining “fraud” as a discrete criminal offense in Kansas. Instead, there are numerous statutes that address specific types of fraud—for example, Kansas Statutes §21-5821 specifically criminalizes fraud involving the use of an invalid or otherwise fraudulent check, while KS Stat. §21-5828 addresses fraud related to the use of credit or debit cards. A seasoned Manhattan fraud defense attorney could explain how state law addresses a particular alleged offense and provide custom-tailored assistance with constructing a strong defense.
Regardless of what section of state it is prosecuted under, the core definition of “fraud” as a criminal offense remains more or less the same. For someone charged with fraud to be convicted, the prosecution must show that the defendant intentionally and knowingly misrepresented information so they could gain a financial advantage.
A defendant’s knowledge or ignorance of the fact that their actions were expressly criminal in nature is not relevant, just whether they knew they were being dishonest for financial gain. Accordingly, many successful defense strategies revolve around proving either that a person accused of fraud was not aware that they were providing inaccurate information or that they did not derive any financial benefit from their actions.
The range of sentences available in the event of a conviction for fraud can vary significantly depending on the exact offense a defendant was convicted of. For example, check fraud and credit card fraud are both considered class A nonperson misdemeanors if the total amount of money, property, or services involved within a single seven-day period is less than $1,000. If the amount was between $1,000 and $25,000 these are security level 9 nonperson felonies. For amounts above $25,000, check and credit fraud are considered security level 7 nonperson felonies.
Conversely, fraud through making false information in any written instrument, book entry, or electronic data entry is considered under KS Stat. §21-5824 to be a security level 8 nonperson felony regardless of the monetary impact of the defendant’s actions. Subsequent fraud convictions may also allow for increased penalty ranges. A fraud lawyer in Manhattan could help an individual understand the nature of the charges they are facing and the possible consequences associated.
Fraud charges can be difficult to understand and even more difficult to proactively fight against. If you are facing any allegation of misdemeanor or felony fraudulent activity, having help from dedicated legal representation could make the difference between a potentially positive case resolution and several years of probation or prison time.
An experienced Manhattan fraud lawyer could be your steadfast ally from beginning to end of your criminal case. Call today to discuss your options with a seasoned member of our legal team.
