If you have been accused of Insurance Fraud in Weld County, you will need to hire a criminal defense attorney who can fight for your criminal case. An Insurance Fraud charge can be a felony charge as a couple in Aspen are finding out. They are accused of fraudulently claiming the need of a caretaker. The claim was that the man needed care and the woman was providing the care. After an investigation, it was found that they were most likely married, and she was not providing him care nor did he need care. Depending on the type of Insurance Fraud charge, it can be a misdemeanor or felony criminal offense. Read below to learn more or call the O’Malley Law Office to get any questions you have answered.
What is the Definition of Insurance Fraud, C.R.S. 18-5-211, in Greeley, Colorado?
In Greeley, Colorado Insurance Fraud, C.R.S. 18-5-211, is defined as:
(a) With an intent to defraud presents or causes to be presented in written, verbal, or digital form an application or request for the issuance, modification, or renewal of an insurance policy, which application or request, or documentation in support of such application or request, contains false material information or withholds material information that is requested by the insurer and results in the issuance of an insurance policy or insurance coverage for the applicant or another;
(b) With an intent to defraud presents or causes to be presented any insurance claim, which claim contains false material information or withholds material information;
(c) With an intent to defraud causes or participates, or purports to be involved, in a vehicular collision, or any other vehicular accident, for the purpose of presenting any false or fraudulent insurance claim;
(d) With an intent to defraud presents or causes to be presented an insurance claim where the loss or damage claimed occurred outside of the period of time that coverage was in effect for the applicable contract of insurance or policy unless otherwise permitted under the contract of insurance or policy; or
(e) With an intent to defraud presents or causes to be presented any written, verbal, or digital material or statement as part of, in support of or in opposition to, a claim for payment or other benefit pursuant to an insurance policy, knowing that the material or statement contains false material information or withholds material information.
In the case above, if the man and his wife are found to have been knowingly presenting false information to receive and claim proceeds or benefits from a policy or government benefits they could be convicted of an Insurance Fraud charge.
In Weld County, What it is the Sentence or Punishment for an Insurance Fraud Charge?
An Insurance Fraud charge conviction can result in a misdemeanor to felony sentence. If you are applying for insurance coverage by lying, and are given an insurance policy or insurance coverage, it is a class 1 misdemeanor. A class 1 misdemeanor carries with it a sentence of from 6 to 18 months in jail, and/or up to $5,000 in fines. All other types of Insurance Fraud are class 5 felonies. A class 5 felony is punishable with 1 to 3 years in Colorado Department of Corrections and/or up to $100,000 in fines. Of course, a felony conviction will prohibit you from possessing a firearm ever again.
What are Defenses to Insurance Fraud in Greeley, Colorado?
In Greeley, Colorado, it is important to hire a skilled criminal defense attorney to fight for the best possible outcome in your case. Some possible defenses to Insurance Fraud are:
- There was no intent to defraud
- You did not know the information you provided was false
- The accident you were a part of was legitimate
- The insurance policy you are making your claim under has several other legitimate ways to support your claim
In Weld County, What are Related Criminal Charges to Insurance Fraud?
In Weld County, criminal charges are often coupled together. Some charges which are often related to Insurance Fraud and filed at the same time, are:
- Identity Theft, C.R.S. 18-5-902
- Criminal Impersonation, C.R.S. 18-5-113
- Forgery, C.R.S. 18-5-102
- Theft or Attempted Theft, R.S. § 18-4-401
Are you being falsely accused of an Insurance Fraud charge? Be smart, exercise your right to remain silent (never speak to police or answer their questions) and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6006 to schedule your free consultation. Together, we can protect your future
Image by klimkin from Pixabay