Battle Creek, MI asked in Criminal Law for Michigan

Q: I am being charged with feony inssurance fraud? What exactly is the charge @ how much time does it carry?

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1 Lawyer Answer
Hillard Fried
Hillard Fried
Answered
  • Criminal Law Lawyer
  • Ann Arbor, MI
  • Licensed in Michigan

A: Your question is too incomplete and too broad for a succinct answer. In order to provide a precise response, we would need to review the complete facts of the case. There are many criminal statutes pertaining to insurance fraud. The basic penalties are various, depending on the statute under which the defendant is charged, the gravity of the crime and the other circumstances. All of the criminal insurance fraud statutes which we have seen are felonies. That is not to say, however, that a person charged with felony insurance fraud might not receive a misdemeanor conviction in the final analysis. That is possible because the crime of fraud is within the larceny category, and there are many criminal larceny statutes which are misdemeanors. Thus, a prosecutor might be willing to dismiss the felony charge in exchange for a plea to misdemeanor larceny. Alternatively, a jury could theoretically find the defendant guilty of misdemeanor larceny and not guilty of felony insurance fraud. Finally, there is also the possibility that a jury could find the defendant not guilty of any crime.

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