Between car insurance, health insurance and homeowner’s insurance, people have all types of coverage these days. Moreover, filing claims and making payments can be a complicated and convoluted matter. In the midst of all the paperwork, insurees may file a false claim make a miscalculation through no intentional act. In that instance, the insured may be charged with an indictable crime that carries the presumption of a term of incarceration. Whether done through their own volition or because of a typographical error, insurance fraud charges should never be taken lightly. Depending on the underlying factors, insurance fraud charges may be a second degree crime in Morris County, New Jersey. As a second degree crime, you may be facing up to ten (10) years in a State Penitentiary. Protect yourself from the liability of a second degree conviction. Our office has been representing clients charged with theft by deception, credit card fraud, theft of moveable property, shoplifting, burglary, robbery in towns like Madison, Parsippany Troy Hills, Mendham, Dover, Denville, Roxbury or elsewhere in Morris County, we can help. Contact the Law Offices of Jonathan F. Marshall for your free consultation today and understand how to protect your rights. Now here is some key information on insurance fraud.
N.J.S.A. 2C:21-4.6: Insurance Fraud Defense Attorneys in Madison NJ
What is Insurance Fraud in New Jersey?
Insurance fraud can occur in a variety of fashions. Insurance fraud may stem from a misrepresentation in applying for a policy or you filing a false claim. Under the New Jersey Criminal Code, there are certain factors or circumstances that must be proven in an insurance fraud case. Under N.J.S.A. 2C:21-4.6, the State must demonstrate the following:
- That any one (1) of the following apply:
- That what is involved is a claim for payment, reimbursement or other benefit pursuant to an insurance policy or from an insurance company or the Unsatisfied Claim and Judgment Fund of New Jersey; or
- That what is involved is an application to renew or obtain an insurance policy; or
- That what is involved is a payment made or to be made in accordance with the terms of an insurance policy or premium finance transaction; or
- That what is involved is an affidavit, certification, record, or other document used in any insurance or premium finance transaction; and
- That the defendant made, or caused to be made, a false, fictitious, fraudulent, or misleading statement of material fact in, or omitted a material fact from, or caused a material fact to be omitted from, any record, bill, claim or any other document in writing, electronic or any other form; and
- That defendant acted knowingly.
Penalties for Insurance Fraud in NJ?
Will I go to Prison for Insurance Fraud?
The short answer is possibly. However, with legal representation, you can can seek to reduce your chances. An attorney can seek out all the potential avenues to avoid incarceration. Insurance fraud will either be a crime of the third or second degree. Both of these gradations carry the possibility of a term of imprisonment. The former actually carries a presumption of incarceration if convicted.
Generally, insurance fraud will be a crime of the third degree. However, if the defendant commits five (5) or more acts of insurance fraud and if the aggregate value of property, services, or other benefit wrongly obtained or sought to be obtained is at least $1,000, then the it will be a crime of the second degree.
A second degree insurance fraud conviction exposes an individual to a term of incarceration between five (5) and ten (10) and a fine of $150,000. A third degree insurance fraud conviction exposes you to a term of incarceration up to five (5) years, as well as a $15,000 fine.
How Can We Help?
Depending on the underlying circumstances and your prior record, you may be eligible for a diversionary program like Pre-Trial Intervention. If eligible and subsequently admitted into the Pre-Trial Intervention Program, it may present the you with the opportunity to walk away from the incident without a conviction.
Experienced Morris County NJ Insurance Fraud Attorneys
The Law Offices of Jonathan F. Marshall has attorneys with prior experience as County and Municipal Prosecutors. With over 200 years of experience, we have the resources and necessary to handle all insurance fraud charges. If you or someone you love is facing insurance fraud, receiving stolen property, theft by deception, check fraud or burglary, we can help. Our team of Morris County criminal defense lawyers fully understand what a conviction for insurance fraud can do to your life. To set up a free initial consultation, please contact our Morristown office at 973-309-7050.