The Serious Consequences of a Fraud Conviction in Florida

If you have been charged with fraud in Florida, you could be facing severe penalties that can impact your life for years to come. Fraud charges should always be taken seriously, and having an experienced criminal defense lawyer on your side can be crucial. In this blog post, I’ll provide an overview of the potential consequences of a fraud conviction under both state and federal law so you can understand what is at stake.

Understanding Fraud Charges in Florida

Under Florida law, fraud refers to intentionally deceiving someone or withholding important information from them generally for monetary gain. There are many types of fraud charges, including:

The elements the state must prove for a basic fraud conviction are:

  • There was intentional misrepresentation of a material fact or concealing a material fact
  • The misrepresentation or omission was made to obtain property or financial advantage
  • Another person relied on the misrepresentation or omission
  • This resulted in loss or injury to the victim

Fraud can be charged as either a misdemeanor or felony, depending on the circumstances, dollar amount involved, and statute you are charged under. Under Florida law, any scheme to defraud resulting in losses greater than $50,000 is a first-degree felony, while losses between $300 – $20,000 are second and third-degree felonies. Any amount under $300 is a first-degree misdemeanor. Fraud can also be charged under Florida’s theft statute, although higher dollar amounts are required to charge the same degree of felony under the organized fraud statute.

Federal charges may also apply when fraud schemes involve interstate commerce, the mail, or violate federal statutes.

Penalties and Sentencing for Fraud Convictions

The penalties you face if convicted of fraud in Florida vary based on how the charge is classified but can include the following:

Felony Fraud

  • First-degree felony – Up to 30 years in prison and/or a fine up to $10,000
  • Second-degree felony – Up to 15 years in prison and/or a fine up to $10,000
  • Third-degree felony – Up to 5 years in prison and/or a fine up to $5,000

In addition to incarceration, felony fraud convictions can also result in probation or community control requirements. The length can range from 1-5 years for third-degree felonies up to 30 years for first-degree felonies.

Misdemeanor Fraud

For first-degree misdemeanor fraud convictions, penalties can include:

  • Up to 1 year in county jail
  • Probation up to 1 year
  • Maximum $1,000 fine

Federal Fraud Penalties

Under federal statutes, fraud crimes can carry:

  • Up to 30 years in prison and/or fines of up to $1 million for major fraud against the United States
  • Up to 20 years in prison and fines up to $250,000 for wire, bank, healthcare, or securities fraud
  • Up to 5 years in prison and fines of up to $250,000 for other federal fraud crimes

Federal sentencing will depend on the specific charges and calculated loss amounts. Other factors like prior criminal history will be considered.

Additional Consequences of a Fraud Conviction

Beyond the direct penalties imposed, a fraud conviction can negatively impact your life in many ways for years to come, including:

1. Permanent Criminal Record

A fraud conviction results in a permanent criminal record that can follow you for life. This can show up in background checks when applying for jobs, housing, loans, professional licensing, and more. It can prevent you from passing checks and pursuing opportunities.

2. Loss of Certain Rights and Privileges

Certain rights and privileges are revoked when convicted of felony fraud charges, such as:

  • Voting – Those convicted of first-degree felonies may lose the right to vote depending on the judge’s ruling. Voting rights can be reinstated upon completion of sentencing, probation, and parole.
  • Gun ownership – Those convicted of a felony are prohibited from purchasing or possessing a firearm. This can only be restored by a pardon or restoration of civil rights from the state.
  • Serving on a jury – Felony convictions result in a lifetime ban on serving jury duty in Florida.
  • Holding public office – First-degree felony convictions disqualify people from holding public office in Florida.
  • Professional licensing – Various professional licenses can be impacted by a fraud conviction, making it difficult to work in certain fields.

3. Immigration Consequences for Non-Citizens

Those who are not U.S. citizens face severe immigration consequences. Fraud involving losses over $10,000 is considered an “aggravated felony” under federal law. This results in:

  • Mandatory detention
  • Removal proceedings
  • A permanent bar from re-entering the U.S.

Even misdemeanor fraud can be considered a “crime of moral turpitude” that could lead to denial of entry or deportation.

4. Restitution and Financial Obligations

Courts will likely order restitution to be paid to any victims who suffered financial losses. The amount is likely to be substantial for felony fraud. Other financial obligations like court costs, probation fees, and fines may be imposed, making the overall financial penalty severe.

5. Reputational Damage

Fraud convictions, especially felonies, carry a stigma and can seriously damage your personal and professional reputation. Many people may judge you solely based on your criminal record. Rebuilding your life and reputation after a conviction takes time.

 

Don’t Go Through This Alone – Speak with a Miami Fraud Defense Lawyer Today

As you can see, fraud convictions have consequences that can follow you for the rest of your life under both Florida and federal law. However, an experienced lawyer may be able to defend your rights, fight the charges, negotiate with prosecutors, and help mitigate penalties. Don’t leave your future up to chance. Schedule a consultation with me to discuss your case in depth. With an aggressive defense, we can work towards achieving the most favorable outcome possible. Call today to get started.

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