Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara
Content last updated on: March 27, 2023
American insurance companies collect almost $2 trillion a year in premiums. These rich companies are determined to stay rich, which means they aggressively report suspected fraud matters to authorities. Once prosecutors receive these cases, they are equally aggressive in pursuing them. A high conviction rate is the only way for these government lawyers to move up the corporate ladder. On a related note, many insurance fraud cases go to dedicated fraud sections. These bureaucrats must process a huge number of cases to justify their huge budgets.
Since both insurance companies and prosecutors are so determined, you need an equally determined Orlando insurance fraud lawyer from the O’Mara Law Group on your side. Once we formulate a strategy and identify all possible legal and factual defenses, we do not relent until we obtain the best possible result under the circumstances. We require nothing less, because you demand nothing less.
Usually, the maximum prison term in an insurance fraud case is thirty years in prison. Even if the defendant has no effective defense to the elements of the offense, alternative sentences are usually available, as outlined below.
Essentially, the elements of insurance fraud are an intentional misstatement given with the intent to deprive the insurance company of money or services. This deprivation could be direct, like a false or inflated claim. It could also be indirect, such as making false statements on insurance application forms to reduce risk and therefore lower premiums.
Insurance fraud, like other kinds of fraud, is a specific intent crime. The defendant must intend both the conduct (making a false statement) and the result (obtaining money). Frequently, defendants lack the requisite intent at one or both points. People make mistakes, especially on long, convoluted insurance forms. That’s particularly true if English is not the defendant’s first language. Furthermore, many people intend to get value for the premiums they paid when they file claims. They don’t intend to cheat the insurance company.
Specific intent is a very technical defense. Only the most experienced Orlando insurance fraud attorneys should advocate for you in these situations.
If state prosecutors handle insurance fraud cases, as is often the case, a number of positive resolutions are available, since insurance fraud is a nonviolent infraction.
Many prosecutors offer pretrial diversion in these situations. If the defendant completes program requirements, such as paying restitution and staying out of trouble, prosecutors normally dismiss the case. Since the case does not technically go to court, record expungement might be available later. All law enforcement and judicial records are purged. Expungement is even more powerful than a Presidential pardon.
Deferred disposition is often a good alternative as well. Defendants who successfully complete probation have their cases dismissed. That’s the upside. The downside is that if the state files a motion to revoke probation and the court grants it, the judge may assess any sentence, up to the maximum allowed by law.
If the defendant has no criminal record and the judge dismisses the case, record sealing might be available. Law enforcement and judicial records still exist, but they are invisible for most purposes.
Count on an Experienced Orange County Lawyer
Fraud accusations do not necessarily lead to fraud convictions. For a confidential consultation with an experienced insurance fraud attorney in Orlando, contact the O’Mara Law Group, Attorneys at Law. Virtual, home, and after-hours visits are available.
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