Recently, a Wallin & Klarich client avoided a lengthy state prison sentence after his lawyer convinced the prosecutor to dismiss the felony charges against him. Our outstanding criminal defense attorney persuaded the district attorney to drop all charges against our client after highlighting the mitigating factors in our client’s case. If convicted of both felony charges under California Penal Code section 550, our client faced up to 5 years in state prison and up to $50,000 in court fines.
“Our client was facing a felony conviction that would result in substantial prison time and deportation from the country. In such situations, it is crucial to have an attorney that will aggressively represent your best interest.”
According to the record from the Ventura County courthouse, our client was charged with two counts of violating California Penal Code section 550 after allegedly presenting a false or fraudulent claim for the payment of a loss or injury. Knowing that a conviction would lead to a severe punishment and deportation for our client, our attorney conducted several extensive negotiations with the prosecutor. After presenting numerous mitigating factors in our client’s favor, the district attorney agreed to dismiss both felony charges under PC 550.
Our commitment to getting the charges dismissed allowed our client to avoid a significant prison sentence and hefty fines. Our client was also able to remain in the country since he did not have a conviction on his criminal record.
A conviction for auto insurance fraud under California Penal Code 550 can result in devastating consequences. If you or a loved one has been accused of auto insurance fraud in violation of PC 550, you need to contact an experienced criminal defense attorney that is ready to fight by your side. The auto insurance fraud defense attorneys at Wallin & Klarich are familiar with all of the elements that the prosecutor must prove in order to convict you under PC 550. To convict you of auto insurance fraud under PC 550, the prosecutor must prove the two elements listed below:
• You knowingly submitted a fraudulent claim to an auto insurance provider; AND
• You had the intent of defrauding the auto insurance provider
Wallin & Klarich has over 30 years of experience successfully defending clients accused of auto insurance fraud under PC 550. Your Wallin & Klarich attorney can raise one of the following defenses on your behalf:
Lack of specific intent to defraud the auto insurance provider
You may not be convicted under PC 550 if you did not intend to defraud the auto insurance provider.
Example: You were recently involved in a car accident. You reasonably believed that a dent in your car was caused by the accident, so you submitted a claim to your auto insurance provider to cover the dent’s repair. If it turns out that the dent was not caused by the accident, you may not be convicted under PC 550 since you did not intend to defraud the insurance company.
Lack of evidence
The prosecutor may not convict you of auto insurance fraud under PC 550 if there is a lack of evidence indicating that you committed the alleged fraud beyond a reasonable doubt.
Example: You recently parked your car in a bad neighborhood while attending jury service nearby. When you returned, the car was missing. The prosecutor will need to demonstrate convincing evidence that you left it there with the intention of having it stolen in order to convict you under PC 550.