Miami Fraud Lawyer Dedicated To Your Defense

Fraud may be a nonviolent crime, but it can still carry severe consequences. The repercussions can affect your career, finances and freedom.

Fighting back against fraud charges can be an uphill battle, especially in complex cases. You need a fraud defense lawyer who knows how to handle these charges skillfully and effectively.

I’m Antonio Pena, a former prosecutor and criminal defense attorney, and I’m here to help you. As a former Miami-Dade prosecutor, I bring a wealth of valuable insider experience to every case I handle. My background includes prosecuting serious offenses such as organized crime. This experience gives me unique insight into the criminal justice process, which I now use to defend my clients facing fraud and other charges.

I am committed to providing one-on-one attention and strategic defense to help you put your legal troubles behind you.

What Constitutes Fraud Under Florida Law?

Fraud is a complex crime that is often confusing for both alleged victims and defendants. Many people don’t fully understand what constitutes criminal fraud, leading to misunderstandings that can fuel baseless accusations.

In Florida, fraud laws are broad, covering a wide array of situations that may range from a single individual and a single incident up to a widespread pattern of alleged deceptive practices. Federal fraud laws add another layer of complexity and the prospect of mandatory minimum prison sentences. Both state and federal fraud charges can result in serious criminal consequences.

Fraud Charges I Handle

At Antonio Pena Law Group PLLC, I handle both state and federal fraud charges for misdemeanor and felony offenses, including those involving:

• Mail and wire fraud
• Bank fraud
• Credit card fraud
• Embezzlement
• Identity theft
• Employee theft
• Tax evasion
• Bribery and other forms of corruption
• Other forms of criminal financial fraud

Cases involving allegations of criminal enterprises can lead to related charges such as racketeering under the Racketeer Influenced and Corrupt Organizations (RICO) Act, money laundering and conspiracy. Employees of a business might find themselves caught in this web, even if they were unaware of the alleged criminal activities. It’s important to work with a skilled defense attorney such as myself to addresses these types of charges.

Building A Strong Defense Against Fraud Charges

When facing fraud charges, the sooner you can get professional help building a strong fraud defense, the better. I can start by thoroughly investigating the allegations against you. If you seek my help before charges are filed, there’s a chance we can prevent them altogether.

I will guide you through every stage of the proceedings. I can help clarify the accusations and break down the elements of the alleged crime to pinpoint weaknesses in the prosecution’s face. I can help you challenge the evidence, negotiate a favorable plea deal and explore all options to protect your rights and future.

Florida Fraud FAQs

Understanding the Florida legal system is essential for making informed decisions following fraud charges. Below are some useful responses.

What penalties can I face for committing fraud in Florida?

Fraud charges in Florida are taken seriously and can carry harsh penalties depending on the specific offense and the amount of money or property involved. Under Florida law, fraud-related crimes can range from misdemeanors to first-degree felonies. For example:

• If the value involved is under $300, it may be a first-degree misdemeanor, punishable by up to 1 year in jail and $1,000 in fines.
• If the amount is $50,000 or more, the charge could be a first-degree felony, which can carry up to 30 years in prison and $10,000 in fines.

Certain fraud crimes, like organized schemes to defraud, identity theft or insurance fraud, can bring even more severe consequences. Courts also often impose restitution, meaning you may be required to repay the alleged losses.

Can I face criminal charges if I unknowingly participate in a fraudulent scheme?

Yes, but intent matters. Under Florida Statutes § 817.034, prosecutors must prove that you knowingly intended to deceive or defraud. You may not be criminally liable if you unknowingly participated in a fraudulent scheme. However, proving a lack of knowledge can be challenging, as prosecutors may argue you should have known based on the circumstances.

Evidence like communications, actions or your role in the scheme will be scrutinized. A strong defense often focuses on demonstrating you had no intent to commit fraud, which courts evaluate carefully.

Is there a statute of limitations for criminal fraud charges in Florida?

Yes. Most fraud-related crimes in Florida have a statute of limitations that limits how long the state can file charges. Generally:

• Felony fraud charges must be brought within 5 years.
• Misdemeanor fraud charges usually must be filed within 2 years.

That said, there are exceptions. If the fraud was not discovered right away or if it involved a continuing scheme, the timeline could be extended. In some cases, Florida law allows the clock to start ticking from the point the offense is discovered.

Take The First Step With A Free Consultation

If you’re facing fraud charges in Miami or South Florida, it’s time to get a knowledgeable professional on your side. I handle both state and federal cases and offer free consultations. Contact me today through my website or by phone at 786-894-5938 to discuss your situation. I speak Spanish to serve the diverse community in Miami.