Fraud Attorney in Oakland
Protecting Your Future When Facing Fraud Charges in Oakland
If you or a loved one faces fraud allegations in Oakland or anywhere in Alameda County, your next steps matter. Legal consequences for fraud can be complex and severe, and working with a seasoned fraud crime defense lawyer means having someone to protect your rights, listen to your concerns, and navigate each step of the legal process with you.
Fraud investigations in Alameda County can involve multiple agencies, including local law enforcement, the district attorney’s office, and sometimes federal authorities. These proceedings often bring unique procedures and tight deadlines. We guide you through these local legal requirements, helping you avoid missteps that could complicate your situation.
Don't risk a permanent felony conviction for a crime of dishonesty. Get the strategic advantage of an Oakland fraud defense lawyer who has worked as a prosecutor—contact us online or call (510) 254-3945 to schedule your free consultation today.
Understanding California Fraud Laws
California law defines fraud as an intentional deception made for unfair personal gain or to cause harm or loss to another person. The classification of the charge often depends on the monetary value of the loss, with the felony threshold typically set at $950 for most theft-related offenses.
Key Fraud Statutes We Defend
- Theft by False Pretenses (PC 532): Defrauding any person of money or property by any false or fraudulent representation or pretense. This is a common fraud charge for investment scams or misuse of charitable funds.
- Forgery (PC 470): Falsifying a signature or seal or counterfeiting documents (such as checks, bonds, or deeds) with the specific intent to defraud another person or institution.
- Embezzlement (PC 503): Fraudulently taking property that has been entrusted to you (common in employee theft or fiduciary relationships).
The defining legal element in every fraud charge is the specific intent to deceive or steal. Without proof of this intent, the charge cannot be sustained.
Penalties of Fraud Convictions in Oakland
Fraud convictions in California can result in harsh penalties, particularly because the value of the crime often includes penalty enhancements.
Direct Criminal Penalties
- Imprisonment: Up to three years in state prison (with potential enhancements for high-value fraud).
- Fines: Up to $10,000, plus court fees and penalty assessments.
- Mandatory Restitution: The court will almost always order full restitution to the victim(s) for all financial losses.
Collateral Consequences in Oakland
- Crimes of Moral Turpitude: Fraud is classified as a Crime Involving Moral Turpitude (CIMT), which can result in deportation for non-citizens.
- Professional Licensing: Convictions for dishonesty are a leading cause of suspension or revocation of professional licenses (e.g., law, real estate, finance, accounting).
- Employment: A felony fraud record severely restricts employment options, particularly in positions of trust.
The California Criminal Defense Process for Fraud Charges
Defending a fraud case requires detailed analysis of financial records, email communications, and police procedure. Our firm applies its strategic insight to manage every phase of the case.
- Pre-Filing Intervention: Leveraging our former prosecutor status, we intervene with the District Attorney's Office before charges are formally filed, presenting evidence that supports a defense of mistake or lack of intent, often leading to a reduction or rejection of charges.
- Challenging Digital and Financial Evidence: We scrutinize the seizure of electronic devices and financial records, filing motions to suppress evidence obtained through illegal search warrants or seizures.
- Expert Consultation: We retain forensic accountants or industry experts to challenge the State's calculation of loss and provide alternative, non-criminal interpretations of complex financial transactions.
- Negotiation for Diversion: We aggressively pursue non-conviction outcomes, including Misdemeanor Diversion or alternative sentencing, which can lead to the ultimate dismissal of the fraud charges.
Our Comprehensive Approach to Fraud Defense
At Demetrius Costy Law, we provide a rigorous defense strategy built on the principle that the government must prove specific criminal intent beyond a reasonable doubt.
Our firm offers a decisive strategic advantage: we are former prosecutors. We know the internal investigative methods and legal standards used by the Alameda County D.A.'s Office, allowing us to anticipate their case theories and prepare counter-evidence on the elements of knowledge and intent.
Defense strategies we utilize as your fraud attorney in Oakland:
- Lack of Intent: Arguing that any misstatement was an honest mistake or poor judgment, not an attempt to permanently defraud the victim.
- Mistake of Fact: Proving the accused reasonably and genuinely believed the representation they made was true.
- Challenging Valuation: Demonstrating the value of the property taken was less than the $950 felony threshold to force a reduction to petty theft.
- Constitutional Violation: Filing motions to suppress evidence obtained through unlawful searches or seizures.
Why People Choose Our Team for Fraud Criminal Defense in Oakland
Our Oakland-based criminal defense firm brings over 20 years of focused experience helping clients across Alameda County understand and fight their charges. Led by Attorney Demetrius Costy, we combine reliable legal insight, second-to-none client support, and around-the-clock accessibility.
We offer free consultations and same-day appointments because immediate guidance can make all the difference in fraud cases.
- Local experience in Oakland courts: We know local procedures and legal nuances specific to Alameda County, which guides our approach to fraud cases in this region.
- Comprehensive case review: Every detail matters. We scrutinize the prosecutor’s evidence for weaknesses, inconsistencies, or rights violations that can change your outcome.
- Judgment-free support: We encourage clients to share their side. We maintain a welcoming, supportive environment so you can focus on your defense, not fears or stigma.
- Dedicated advocacy: We prioritize direct, in-person communication so you always know where your case stands. Attorney Demetrius Costy’s commitment to every case means you never feel alone.
Because of our long-standing presence, we understand how local judges and prosecutors often approach fraud criminal defense in Oakland. We keep current with local legal trends and procedural updates, giving our clients the advantage of strategies designed for the Alameda County and Oakland court systems. This gives you the benefit of experience rooted in the community and the laws most relevant to your circumstances.
What to Expect When Working with a Fraud Lawyer in Oakland
When you contact a fraud lawyer in Oakland, here’s what you can expect with our team:
- Immediate consultation: We start with a free, confidential conversation to understand your situation and determine next steps.
- Evidence review: Our team gathers relevant documents, statements, and records, looking for errors or overreach in the charges.
- Personalized case planning: We review your side of the story, help you clarify important events, and outline a defense tailored to the specifics of your situation.
- Court appearances in Alameda County: With deep knowledge of regional court systems, we guide you through appearances, hearings, and any negotiations with the goal of minimizing long-term consequences.
- Ongoing support: We remain available throughout the case, adjusting our approach as the facts unfold and keeping your goals at the center of every decision.
Early and attentive planning helps you handle each stage with confidence. By teaching you about important deadlines and likely scenarios, we prepare you to make informed choices and maximize the opportunity for the best resolution possible.
Contact a Fraud Criminal Defense Attorney in Oakland for Support & Guidance
If you face fraud allegations, you do not have to navigate the Oakland courts alone. Contact Demetrius Costy Law for a free, confidential consultation. Our law firm will listen to your story, explain your legal rights, and work with you to develop a defense plan grounded in experience and local knowledge. We offer same-day appointments so you get prompt advice when you need it most.
Connect with our fraud lawyer in Oakland by calling (510) 254-3945 or reaching out online and take the next step toward securing your future.
FAQs
What counts as fraud in California?
Fraud generally means unlawfully obtaining money, services, or benefits through the use of deception, false representation, or misstatement. In California, this may include crimes such as insurance fraud, credit card fraud, check fraud, and other deceptive practices prosecuted under the Penal Code.
Are fraud charges in Oakland usually misdemeanors or felonies?
Fraud charges may be brought as either misdemeanors or felonies depending on factors like the financial amount, the methods alleged, and your prior record. Prosecutors decide this based on the specific details of the event.
What are possible penalties for fraud in Alameda County?
Penalties for fraud in Alameda County range from jail or prison time and fines to restitution. The exact outcome depends on the charge, the evidence presented, and case-specific factors during negotiation or hearings.
Can fraud charges be dismissed or reduced?
Dismissal or reduction is possible if there is insufficient evidence, investigative errors, or if plea negotiations with the prosecution support an alternative resolution. The unique details of each case determine which options are available.
How soon should I contact a fraud crime defense lawyer in Oakland?
Contacting a fraud crime defense attorney quickly protects your rights, preserves important evidence, and positions you for informed decision-making throughout your legal matter. Early communication is the best way to understand your options and the path forward.
