In Phoenix, insurance fraud is considered a very serious crime. Being accused of, and charged with, insurance fraud can be a very frightening and overwhelming experience. It can also result in heavy fines, as well as jail or prison time if you are convicted. According to A.R.S. 20-463:
- Insurance fraud occurs when you intentionally deceive an insurance company to collect money you are not entitled to
It is also important to understand that certain types of insurance fraud, including health care fraud, can also be tried as federal crimes instead of state ones. Therefore, if you find yourself arrested and charged with insurance fraud in Phoenix, you should immediately seek out a competent, aggressive defense attorney to fight for your rights.
What are the Most Common Kinds of Insurance Fraud in Phoenix?
Some of the most common types of insurance fraud in Phoenix are:
- Automobile fraud, which occurs if you exaggerate or fabricate a claim for the purpose of getting a larger payment for your vehicle
- Worker’s compensation fraud, which occurs if you exaggerate or fabricate an injury for the purpose of receiving payments or prescription medication
- Property fraud, which occurs if you exaggerate the value of, or fabricate the existence of, items purported to be stolen during a robbery, or even damage your own property in order to receive an insurance payout
- Casualty fraud, which occurs if you attempt to obtain a life insurance payout by fabricating your own death, or that of another person
With each of these cases, insurance fraud occurs by putting false information on an insurance document, as well as providing false information to an agent or anyone else in order to obtain money you are not legally entitled to.
What the Prosecution Needs to Prove for Insurance Fraud
In Phoenix, a prosecuting attorney needs to prove certain things in order for you to be found guilty of insurance fraud:
- That you knowingly made a false statement with the intent to deceive an insurance company, or that you unknowingly made a false statement to an insurance company, and then did not inform the insurer of your mistake when you realized it. This can include accidentally misstating the mileage on your vehicle when filing an auto insurance claim, and then not making the company aware of the actual mileage when you realize the mistake.
- That the false statement was made in support of, opposition to, or in connection with, a claim or payment that was made, or is to be made, under an insurance policy. This can include overstating your injury to receive a larger settlement from a health insurance company.
- That your false statement was material (or substantially important) to the insurance payment or claim. This can include making a false statement about receiving a neighborhood award for the beauty of your home to an insurance company during a robbery claim, which does not in any way affect the payout for your loss.
Insurance Fraud Penalties in Phoenix
In Phoenix, insurance fraud is treated as a minimum class 6 felony, but the charge can increase in severity depending upon the scope and amount of the fraud.
- If you are found guilty of insurance, you can face more than 10 years in prison for insurance fraud in extreme cases, as well as fines totaling $150,000 plus a $5,000 civil penalty for each individual violation
The complexity and severity of insurance fraud cases make it extremely important to consult a reputable defense attorney who is experienced in fighting for your rights and your freedom.
Trust Phoenix Criminal Attorney With Your Insurance Fraud Defense in Phoenix
Phoenix Criminal Attorney provides our clients with focused legal defense for even the most complicated insurance fraud crimes charges. We will not stop fighting for your rights by making sure that every possible legal option and defense strategy is available to you. If you have been charged with an insurance fraud crime in Phoenix, contact us today for a private, no obligation consultation at 602-551-8092.