Nebraska’s criminal laws describe a number of activities that a person may undertake with the intent to deceive another party out of property or legal rights, known as fraud. Any allegations of fraud carry serious consequences as a conviction can have a significant impact on a person’s future.
An Omaha fraud lawyer could help you if you are facing these allegations. A dedicated criminal lawyer from Berry Law can work to identify the exact nature of the charges, explain the potential penalties for a conviction, and develop a defense strategy with your best interest in mind.
Actions Considered Fraud in Omaha
Fraud is a fairly basic concept. A person commits fraud when they make an intentional misrepresentation of facts with the intent to deceive another party. Fraud can be both a criminal and civil matter. It is only under specific circumstances that it is criminal in nature.
There is no single criminal offense in Nebraska’s criminal code called “fraud.” However, a collection of offenses falls under this general umbrella. For example, NE Rev. Stat. §28-631 says that it is illegal for any person to make a claim for benefits under an insurance policy that he or she knows to be false. Additionally, the person must provide this information with the intent to defraud the insurance company.
Other examples of criminal offenses that describe fraud include:
- Theft by deception – Neb. Rev. Stat. §28-512
- Forgery – Neb. Rev. Stat. §28-602
- Issuing or passing a bad check – Neb. Rev. Stat. §28-611
Any criminal allegation that involves intentional deception may be a fraud offense. An Omaha fraud lawyer could help explain why an action may be considered fraud.
What Must a Prosecutor Prove to Secure a Conviction?
Because fraud-related offenses each carry their own definitions, the exact requirements for a conviction vary based on the specific case. However, fraud-related charges generally have a few elements in common.
The most important portion of any fraud case is proving that a person had the necessary mindset, or mens rea, to commit the offense. For example, for allegations of passing a bad check, the prosecutor must prove that a defendant knew that there were insufficient funds in the account prior to signing the check.
Additionally, the potential penalties for a fraud conviction will also vary. Many of these allegations can change in severity based on the dollar value of the alleged fraud. For instance, cases alleging forgery in the second degree are considered a Class IIA felony if the dollar value of the forged item is greater than $5,000, according to Neb. Rev. Stat. §28-603. However, the penalty may be a class II misdemeanor if that dollar value is less than $500. An Omaha fraud lawyer could provide more information about the requirements for a fraud conviction as well as the potential penalties.
An Omaha Fraud Attorney Could Fight the Allegations
A conviction for fraud can result in a significant prison sentence. In general, fraud occurs when someone takes an action designed to trick or deceive another party out of property or legal rights. As a result, fraud allegations may involve filing false legal documents, issuing bad checks, or any other form of deception used to deprive another person of their properties or legal rights.
No matter the exact nature of your case, an Omaha fraud lawyer could help you. They can provide valuable insight into the requirements for a fraud conviction under the law and can develop legal strategies to give you the best chance of a positive outcome. Contact Berry Law today to schedule a confidential case evaluation.