Fraud–California Penal Code 550

San Diego Criminal Defense Lawyer Explains Fraud Crimes in California:

In simple terms, Fraud is when a person or group intentionally deceives another person or group for personal gain or to damage a reputation.

Fraud is distinguished by the method, area of commerce, or the agency or persons involved in the deception. Some examples are:

  • Access Card Fraud –when you obtain, sale, transfer, make or use an access card or account number that is not yours and use it to defraud, for personal gain or damage to others[1]

Includes: Social Security Fraud, Credit Card Fraud, False Impersonation

  • Insurance Fraud – when you summit a false claim for payment for a loss or injury[2], or destroyed insured property for payment of the loss[3]
  • Auto Insurance Fraud – when you write or summit a false claim for a payment for vehicle loss or damage[4]
  • Check Fraud – when you make, pass, use or attempt to pass a false check or bill[5]
  • Health Care Fraud – when you write or submit a false claim for health-care benefits[6]
  • Identity Theft – when you obtain personal information about a person and use it for an unlawful purpose[7] or to get gain without consent
  • Internet Fraud – common internet crimes include non-delivery payment/merchandise, identity theft, FBI-related scams, computer crimes, advance fee fraud, spam, auction fraud, credit card fraud, overpayment fraud[8]
  • Mail Fraud – when you intend to defraud and post in the mail or involve the United States Postal Services in any way; is a federal crime[9]
  • Securities Fraud – when you employ any device, scheme, or artifice and/or operate or act in connection with the offer, purchase, or sale of securities [10]
  • Welfare Fraud – when you knowingly give false information or neglect to give all information in order to receive welfare benefits[11]
  • Workers Compensation Fraud – when you falsely claim to be injured at work with the intention to be compensated[12]
  • Unemployment Insurance Fraud – when you knowingly give false information or fail to give information in order to obtain, increase, reduce or defeat any benefit or payment that pertains to unemployment insurance [13]
  • Fraudulent Vehicle Registration Stickers – when you alter, forge, falsify or counterfeit a certificate of ownership, license, registration card or stickers, and/or license plate [14]

How do I fight Fraud charges?

Regardless of the Fraud charge, your participation in developing your defense is essential. You are the best source of the case’s background and details. Lack of intent, insufficient evidence and false accusations are strategies commonly used in fraud defense.  The first step to defending your case is read about the 8 homework assignments you should start working on.  You should also download the free ebook “Fighting Your Criminal Case: A Serious Response to Serious Charges” to understand what process you and your lawyer will undertake when fighting the charges.  The ebook tells you practically everything you need to know about what steps need to be taken to try to get your case dismissed.

What is the punishment if I am convicted of Fraud?

A criminal fraud charge can lead to probation, fines, restitution, and/or incarceration in the state prison or county jail. The sentence is determined by the nature of the charge.  We have successfully convinced prosecutors to dismiss felony fraud charges.  We would like the opportunity to make every effort to get the same result for you.  Contact us now to discuss your particular case.


[1] California Jury Instructions (CALCRIM) 1950-1957; Penal Code §§ 484e, 484f, and 484g.

[2] California Jury Instructions (CALCRIM) 2000; Penal Code § 550(a) and (b).

[3] California Jury Instructions (CALCRIM) 2004. Penal Code § 548(a).

[4] California Jury Instructions (CALCRIM) 2000; Penal Code § 550(a).

[5] California jury Instructions (CALCRIM) 1935; Penal Code § 476.

[6] California Jury Instructions (CALCRIM) 2000; Penal Code § 550(a)(6)-(10).

[7] California Jury Instructions (CALCRIM) 2040; Penal Code § 530.5.

[8] Internet Crime Complaint Center, 2010 Internet Crime Report.

[9] 18 United States Code § 1341.

[10] Corporations Code § 25540-25541.

[11] Welfare and Institutions Code § 10980.

[12] Insurance Code § 1871.4; Penal Code § 550(a)(10).

[13] Unemployment Insurance Code § 2101.

[14] Vehicle Code § 4463.