San Bernardino Theft Crimes Attorneys

Defending the rights of people who are facing criminal charges for extortion, fraud or forgery in San Bernardino.

If you have been charged with extortion, fraud or forgery, it is in your best interest to contact an experienced criminal defense attorney right away. Even though you might think that these charges are minimal, they can go on your criminal record and result in fines and jail time. The Law Offices of David S. Chesley has a team of seasoned San Bernardino criminal defense attorneys that will fight for your rights. Contact us today to schedule a consultation.

Let’s take a closer look at extortion, fraud and forgery, what these crimes entail, the penalties for each and how to fight the charges.

Extortion in San Bernardino

California Penal Code 518 makes extortion (or blackmail) a crime. Extortion occurs when you use force or threats to compel a person to give you money or property. It also occurs when you compel a public officer to perform an official act. Even though everyday people can be blackmailed, it’s more likely to happen to politicians, celebrities and sports stars who are in the public eye.

Penalties for Extortion

Extortion is a serious crime in California and charged as a felony. You could face two, three or four years in county jail, felony probation and/or a fine up to $10,000. If the victim did pay you money or give you property while you blackmailed them, they can also sue you for the damages, adding to the amount you owe.

How to Fight Extortion Charges

Fortunately, there are ways to fight extortion cases. All you need is a great team of criminal defense lawyers in San Bernardino. Here are some of the legal defenses that our defense team may use to support your case:

• In order for you to be guilty of blackmail, it must be proven that the person gave you money or property because of your threats. If the person consented and gave you the money or property for a different reason, then you are not guilty of blackmail.
• False accusations. Our criminal defense firm in San Bernardino sees people who are wrongfully accused far too often. Typically, blackmail accusations are conjured out of spite, revenge or anger, such as when dealing with an ex spouse.
• Not enough evidence. There needs to be sufficient evidence that you threatened the victim to give them money or property. Accusations can’t put you in jail. If the evidence is weak or insufficient, our attorneys may use this defense.

Fraud in San Bernardino

Fraud is another crime in California that can land you in hot water. Fraud occurs when you commit an act that leads to undeserved benefits for yourself and causes loss to another person. Usually, people commit fraud for financial gain or to get out of trouble, though there are many motives for committing this crime.

Some of the most common types of fraud that occur in San Bernardino are:

• Automobile insurance fraud
• Health care insurance fraud
• Unemployment insurance fraud
• Welfare fraud
• Workers’ compensation fraud
• Check/credit card fraud
• Foreclosure fraud
• Nursing home fraud
• Telemarketing fraud

Penalties for Fraud

Most fraud charges are wobbler crimes in San Bernardino, meaning that they can be charged as felonies or misdemeanors. This depends on the circumstances of your case and your criminal background. For example, California’s forgery law (PC 470) is a wobbler and California’s perjury law (PC 118) is a felony.

However, it’s important to know that some fraud offenses are automatic felonies, and others are federal crimes. If you commit a federal crime, you could also be prosecuted in federal court in addition to state court, resulting in more penalties. The type of fraud you committed will determine your punishment, but generally speaking, you can expect a potential jail sentence, probation and fines.

Legal Defenses for Fraud

You might feel like your back is against the wall, but there are ways to fight fraud charges. Here are some of the legal defenses that our criminal defense attorneys in San Bernardino may use when arguing your case.

• Lack of intent. If you didn’t intend to commit fraud, then you are not guilty of fraud. This crime requires fraudulent thinking, as you are looking to get out of trouble or make money.
• Mistaken identity. It’s possible that you are innocent and someone has mistakenly identified you for committing fraud. If you did not commit the crime, then you cannot be convicted of it.
• It’s not uncommon for our attorneys to see entrapment in these cases. If the cops lured you into doing something and you did it based on them, we can argue entrapment and have the evidence thrown out.

Forgery in San Bernardino

California Penal Code 470 makes it a crime to commit forgery. Forgery happens when you knowingly sign someone else’s name, fake someone else’s handwriting, falsify legal documents or fake documents pertaining to money or finances. Even though most people think that forgery applies to signatures only, it covers any document that is falsified for your financial gain.

Penalties for Forgery

Forgery is a considered a white-collar crime, but the penalties can be harsh. Forgery is a wobbler crime, so it can be charged as a felony or misdemeanor. If charged as a misdemeanor, you could receive up to one year in county jail, up to $1,000 in fines, informal probation and/or restitution to the victims. If charged with a felony, you could face sixteen, two years or three years in county jail, up to a $10,000 fine, probation and restitution to the victims.

Fighting Forgery Charges

There are several legal defenses that you can use to defend a forgery case. When you meet with our San Bernardino criminal defense attorneys, we can determine what defense is best. Here are some of the most common ways to fight forgery charges:

• Lack of intent. If you did not have an intent to commit fraud, you are not guilty of forgery. As an example, if you thought you had the right to sign on someone else’s behalf, this is not forgery.
• Not fraudulent. If the document you signed wasn’t fraudulent, you cannot be charged with forgery. This can happen if you wrote a letter as a joke or for solicitation.
• False accusations. It’s possible that you are being blamed for something you did not do. We tend to see this happen in business settings where other people are trying to cover their tracks.

If you are being charged with extortion, fraud or forgery, contact The Law Offices of David S. Chesley. We will be happy to meet with you and discuss your case. If we can help you, our relationship will start right away. We remain committed to our clients and the outcomes of their cases. Don’t trust your future to just anyone. Trust it to the best criminal defense lawyers in San Bernardino – The Law Offices of David S. Chesley.