Fraud is a Type of Theft Crime

4 years ago by Justin M. Schiks

In order to be found guilty and convicted of a criminal theft offense in Minnesota, you must ordinarily possess the specific intent to steal. Consequently, fraud is a type of theft crime under state law. Theft crimes that involve fraud include credit card fraud, check fraud, mail fraud, internet fraud, charity fraud, telemarketing fraud, and tax fraud, among many others. 

Proving the legal elements of a criminal fraud or misrepresentation case can be difficult – especially since it may sometimes be difficult to determine if a fraud crime or some other related crime actually occurred. 

If you have been charged with a fraud or theft offense, the experienced Woodbury theft crime lawyers at JS Defense, PA. are ready to assist you with your criminal case. We can review the factual basis and circumstances for your criminal charge and may be able to assist you with developing a strong legal defense. Please call us today to learn more about how we can assist you throughout your criminal case. 

Elements of a Fraud Claim

In criminal cases involving fraud and misrepresentation, as with all criminal cases, the government – or the prosecutor – has the burden of proof. Specifically, the prosecutor must demonstrate the following legal elements, beyond a reasonable doubt:

• That the accused made a misrepresentation of material fact with regard to a present or   past event
• That the person who made the misrepresentation was aware of its falsity or acted with reckless disregard as to the statement’s truth or falsity
• That the person specifically intended for the alleged victim to act upon the misrepresentation
• That the alleged victim was justified in acting or relying upon the misrepresentation or was otherwise convinced to act upon it
• That the alleged victim suffered some form of damage

Potential Defenses to a Criminal Fraud Charge

If you are facing a criminal fraud charge, there are several legal defenses that you may be able to assert in response. One of the most common defenses to a fraud charge is that the accused engaged in “puffery,” which a reasonable person would not have relied upon under the circumstances. 

The accused may also be able to allege that the fact which the alleged victim apparently relied upon was not an important or “material” fact. Finally, the accused may allege that he or she did not intend to defraud the alleged victim and that therefore, the specific intent element of the charge has not been satisfied. 

Speak to a Woodbury Theft Crimes Lawyer Today 

A conviction for a theft crime can result in serious criminal penalties. If you are facing a criminal charge for theft or misrepresentation, the experienced legal team at JS Defense, PA., can assist you throughout your case and with developing a strong legal defense to your charge. 
For a free case evaluation and legal consultation with an experienced Woodbury theft crimes attorney, please call us today at (651) 968-9652 or contact us online for more information about how we can assist you.