Donte T Wyatt -
If you are a victim of fraud you need a criminal attorney that can help.
In the area of theft there are several subcategories that involves various forms of theft. Among the various
subcategories is the Fraud. Under California Law a person that commits theft by fraud can be charged under the
general Theft Statues, Penal Code section pc484 and or pc487 or under one of the specialty subdivisions
specifically for the various forms of fraud such as identity theft etc.
In general theft by Fraud or False Pretense is accomplished when a person obtains property, money or goods by
deceit. This can be accomplished in a variety of ways. First a person can misrepresent who they are and use the
identifying information of another. (identity theft). A person can misrepresent collateral information such as
where they are employed, there income or additional information that can be used to persuade a person or a company
to extend them credit.
In addition, a person can defraud another by misrepresenting facts regarding a particular transaction. The charged
person can lie about a substantial fact or omit a substantial fact that causes the other person to enter into the
transaction because of their belief in the false information or their failure to know about the omission.
In order to defend against a theft case based on fraud the experienced criminal defense attorney must establish
that the conduct of the charged person did not amount to a fraud. Clearly is a person is using the personal
identifying information of another that will be difficult. However, when the fraud is based on a statement or
omission the prosecuter would have to prove that the statement or ommission was actually made (it may be simply the
word of one person against the word of the other.) Next the prosecutor would have to prove that the statement was
false or misleading and or that the ommission was of information the charged person was required to
On rare occasion there is an issue of identification. This generally occurs when transaction occur in a retail
setting and were not known to be fraudulent at the time to the transaction.
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