I have extensive experience in defending scheming to defraud cases in Orange County and Seminole County. I examine each scheming to defraud case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced and aggressive scheming to defraud attorney is essential. Once hired, I will:
- Collect and review all government evidence;
- Identify any possible defenses;
- Qualify you for a pretrial diversion program;
- Immediately start negotiating for a dismissal or reduced charges, and
- Do whatever is necessary to avoid a criminal conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you or possibly file lesser charges.. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Was any of the evidence collected against you illegally obtained?
- Are the allegations made against you false?
- Were there any witnesses to this incident?
- Were you read your Miranda rights?
- Were your statements illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
HOW IS SCHEMING TO DEFRAUD DEFINED IN FLORIDA?
Scheming to Defraud is defined in Florida Statute 817.034 as when an individual through a continuing and ongoing series of acts defrauds another by obtaining something of value through a false or fraudulent promise, representations, or by purposely misrepresenting some future act.
The scheming to defraud statute in Florida prohibits financial fraud through any technology including the internet, mail, wire, the telephone, or other types of communication.
HOW IS SCHEMING TO DEFRAUD PROVEN IN FLORIDA?
To prove the crime of scheming to defraud, the State must prove the following two elements beyond a reasonable doubt:
- The defendant engaged in a scheme to defraud
- The defendant thereby obtained property
PENALTIES FOR SCHEMING TO DEFRAUD
Scheming to defraud can be charged as a first, second or third degree felony. The possible maximum sentence or punishment is influenced by the extent of the loss:
- A scheme to defraud that is less than $20,000 is a 3rd-degree felony punishable by 5 years in Florida State Prison and a $5,000 fine
- A scheme to defraud that is more than $20,000 but less than $50,000 is a 2nd-degree felony punishable by 15 years in Florida State Prison and a $10,000 fine
- A scheme to defraud that is more than $50,000 is a 1st-degree felony punishable by 30 years in Florida State Prison and a $10,000 fine.
Even if a scheme to defraud is unsuccessful, the defendant could face penalties for the mere attempt to defraud. If the defendant never actually exchanged money with the victim, he or she could still face hefty sentences.
CLEARING YOUR RECORD
Scheme to defraud is considered a “crime of dishonesty” and is treated very seriously under Florida law.
For this reason, if you plan on entering a plea to any offense for scheming to defraud, even if you are receiving a withhold of adjudication, you are ineligible under Florida Law to seal your record. You can clear your charges if you enter a plea to lesser charge or if your charges are completely dismissed. A full list of charges that you cannot be sealed can be found here if you are otherwise eligible.
For this reason, if you want to seal your record, it is important to get the charges reduced to a less serious offense such as petit theft or grand theft, so that the record can eventually be sealed.
AGGRESSIVE ORANGE COUNTY SCHEMING TO DEFRAUD DEFENSE LAWYER
If you or a loved one were recently arrested or charged with any Florida theft crime, please call me at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
I have extensive experience in defending scheming to defraud cases in Orange County and Seminole County. I examine each scheming to defraud case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced and aggressive scheming to defraud attorney is essential. Once hired, I will:
- Collect and review all government evidence;
- Identify any possible defenses;
- Qualify you for a pretrial diversion program;
- Immediately start negotiating for a dismissal or reduced charges, and
- Do whatever is necessary to avoid a criminal conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you or possibly file lesser charges.. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Was any of the evidence collected against you illegally obtained?
- Are the allegations made against you false?
- Were there any witnesses to this incident?
- Were you read your Miranda rights?
- Were your statements illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
HOW IS SCHEMING TO DEFRAUD DEFINED IN FLORIDA?
Scheming to Defraud is defined in Florida Statute 817.034 as when an individual through a continuing and ongoing series of acts defrauds another by obtaining something of value through a false or fraudulent promise, representations, or by purposely misrepresenting some future act.
The scheming to defraud statute in Florida prohibits financial fraud through any technology including the internet, mail, wire, the telephone, or other types of communication.
HOW IS SCHEMING TO DEFRAUD PROVEN IN FLORIDA?
To prove the crime of scheming to defraud, the State must prove the following two elements beyond a reasonable doubt:
- The defendant engaged in a scheme to defraud
- The defendant thereby obtained property
PENALTIES FOR SCHEMING TO DEFRAUD
Scheming to defraud can be charged as a first, second or third degree felony. The possible maximum sentence or punishment is influenced by the extent of the loss:
- A scheme to defraud that is less than $20,000 is a 3rd-degree felony punishable by 5 years in Florida State Prison and a $5,000 fine
- A scheme to defraud that is more than $20,000 but less than $50,000 is a 2nd-degree felony punishable by 15 years in Florida State Prison and a $10,000 fine
- A scheme to defraud that is more than $50,000 is a 1st-degree felony punishable by 30 years in Florida State Prison and a $10,000 fine.
Even if a scheme to defraud is unsuccessful, the defendant could face penalties for the mere attempt to defraud. If the defendant never actually exchanged money with the victim, he or she could still face hefty sentences.
CLEARING YOUR RECORD
Scheme to defraud is considered a “crime of dishonesty” and is treated very seriously under Florida law.
For this reason, if you plan on entering a plea to any offense for scheming to defraud, even if you are receiving a withhold of adjudication, you are ineligible under Florida Law to seal your record. You can clear your charges if you enter a plea to lesser charge or if your charges are completely dismissed. A full list of charges that you cannot be sealed can be found here if you are otherwise eligible.
For this reason, if you want to seal your record, it is important to get the charges reduced to a less serious offense such as petit theft or grand theft, so that the record can eventually be sealed.
AGGRESSIVE ORANGE COUNTY SCHEMING TO DEFRAUD DEFENSE LAWYER
If you or a loved one were recently arrested or charged with any Florida theft crime, please call me at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
