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What Constitutes Fraud Under Florida Law?

February 17, 2024
By The Wiseman Law Firm

Fraud is defined as the purposeful falsification of information or the misrepresentation of material fact. This definition encompasses a wide range of charges, from identity theft and insurance fraud to more complex offenses. If you have been charged with fraud in Florida, it is essential to remember you do not have to navigate these legal challenges alone. A skilled criminal defense attorney can investigate your case, help you understand the relevant laws, and fight aggressively for a favorable outcome on your behalf. 

At The Wiseman Law Firm, our team understands the stress you are under and is dedicated to providing our clients with unparalleled legal representation. Attorney Simon Wiseman has over 23 years of experience as both a prosecutor and criminal defense attorney and has an established record of achieving the best possible results for his clients. When you partner with our firm, you can trust that your case is in the hands of a seasoned legal professional.

What Is Fraud Under Florida Law?

Fraud can come in many forms including forgery and misleading advertising. However, in order for someone to be found guilty of fraud, the case against the accused must contain the following elements:

  • A false statement regarding material fact
  • Knowledge that the statement was untrue
  • Harm to someone else as a result
  • The victim’s justifiable confidence in the defendant’s statement
  • The defendant’s intention to deceive the victim

Because of this broad definition, there are several types of offenses that fall under this legal umbrella. A few common types of fraud cases we handle at The Wiseman Law Firm include the following:

  • Identity theft
  • Credit card fraud
  • Insurance fraud
  • Mortgage fraud
  • Securities fraud
  • Tax fraud
  • Check fraud
  • False and deceptive advertising
  • Forgery

Our attorneys handle a wide range of fraud cases and may be able to assist you with charges not included on this list. After taking your case, we will conduct a thorough investigation of your case to determine the best path forward for defending your rights. 

Common Defenses to Fraud Charges

Every fraud case is unique, and your attorney will customize your defense strategy to your situation. Some common defenses our team utilizes in theft cases include the following:

  • Lack of Intent: One of the most important elements of a fraud case is the intent to deceive. If you did not intend to mislead or lie to the victim, this defense may apply to your case.
  • Lack of Materiality: The deception must be material to the transaction in question. If it is unrelated, your attorney may pursue the lack of materiality defense. 
  • Lack of Evidence: The prosecution must prove the charges beyond a reasonable doubt. If there is not enough evidence to support their case, you cannot be convicted of fraud. 
  • Mistaken Identity: Because many fraud-related crimes happen online, it is easy to mistake someone’s identity and accuse the wrong person of fraud. If this happened to you, your attorney may opt for this defense. 
  • The Statements You Made Were Not Fraudulent: Not every inaccurate statement can be classified as fraud. Your attorney can review your case to determine whether the statements in question are classified as fraud. 

At The Wiseman Law Firm, we personalize our approach to every case to ensure each client receives a defense tailored to their needs.

Discuss Your Case With a Trusted Fraud Defense Attorney at The Wiseman Law Firm

At the Wiseman Law Firm, we are dedicated to offering top-notch legal representation to individuals accused of fraud in Florida. Our team, led by renowned attorney Simon Wiseman, is equipped with extensive expertise and a firm commitment to achieving excellence in every case we undertake. We thoroughly examine the details of your situation to develop a defense strategy that not only meets your individual needs but also sets you up for the best possible outcome for your case. 

Schedule a free consultation today by calling (407) 420-4647 or completing our contact form.

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