There are several common Virginia fraud penalties that people receive if they are convicted of fraud. Depending on what charges the person is facing can impact what consequences and penalties they may face. There are several benefits to attaining a seasoned fraud lawyer. They can help the person prepare for their case.
If you are facing fraud charges it is imperative to consult a lawyer who understands the immediate and long-term penalties and consequences for fraud. There are several benefits to attaining an attorney who can assist you through this process.
Most fraud cases are punished as Class 1 misdemeanors but there are different flavors of fraud.Punishment for these cases includes a jail sentence of 12 months in jail and a $,2500.00 fine. Sometimes the punishment is aggravated for certain reasons for instance to Class 5 felony or a Class 4 felony. Depending on the scenario, the punishment is aggravated from a Class 1 misdemeanor to a felony level, which triggers a different procedure in Virginia law. Instead of having a trial at the general district court level, what ends up happening is that the general district court only has authority to do a preliminary hearing and then the trial itself would be in circuit court depending and could be either a bench trial by a judge or a jury trial.
Virginia fraud penalties are dependant on the type of charge the person is facing. The range starts with a Class 1 misdemeanor, which is the highest level of a misdemeanor that they can have, all the way to the lower levels of the felonies: Class 4, Class 5, and Class 6. Certain types of identity theft crimes could be aggravated to a Class Four felony, which is getting close to the most serious felonies.
That depends on what the facts of the case and if whether or not the Commonwealth’s attorney has enough facts to charge a person and properly find them guilty. A lot of times, identity theft happens online, so the evidence may not be there. Lawyers take these crimes very seriously and work with their clients very aggressively to get them to do certain types of mitigation in order to avoid a conviction or to entice a Commonwealth attorney to bring the charge down and to offer an amendment. Virginia fraud penalties can be changed if someone accepts the plea deal but they should consult their attorney to determine the best course of action. If there is justification for the actor other mitigating factors this would lead to a plea deal.
First, whatever punishment is assessed by the court, for example, a sentence of imprisonment of about 12 months and a fine of $2,500.00. Loss of liberty and loss of property are the most immediate concerns, as well as any probation that is ordered or any other requirements such as restitution in the amount of whatever was stolen. A person could also have to comply with other requirements such as taking a class, completing some community service hours if that is appropriate in the case or check-in with a probation officer.
These would include things like a criminal conviction on someone’s record that would stay on the person’s record forever. That can get in the way of the person trying to apply for certain types of jobs, being approved for them, losing security clearance, and losing the ability to apply and to work at some government jobs. So, this is something that is pretty serious and that is not merely legal in nature but is social and practical for the person. That would be what they have to face and meddle with for the rest of their life.
Patrick Woolley Attorney At Law