Scheme to Defraud

Like other theft crimes, the criminal attorneys at The Mayberry Law Firm are very well versed in defending allegations levied against someone that they have formulated a scheme to defraud another out of their valuables. Like a grand theft or petty theft, this charge is a crime of dishonesty and should be taken very seriously. Though a plea to a charge like this involving an adjudication of guilt may only result in probation and restitution, the collateral and long term consequences of having a scheme to defraud on your record could be devastating. If one is formally convicted of this crime there will be no possibility under Florida law to have your record sealed or expunged. With that being the case, any future employer, lender, or housing complex could see it on your record should they run a criminal background check. Each lawyer in our firm has an in depth understanding of not only the direct consequences but also the collateral consequences a crime of dishonesty can bring. Our attorneys will surgically evaluate your case to determine whether a trial is an option based upon the facts and if not, we will negotiate the best possible course of action for our client. We will explain all of the ramifications involved in the criminal process and how each result could affect our client down the road. We’ll walk this road with you and ensure you navigate it successfully.

A scheme to defraud occurs under Florida Statute 817.034 when an individual through a continuing and ongoing series of acts defrauds another by obtaining something of value through a false or fraudulent promise, representations, or by purposely misrepresenting some future act. As with other theft crimes, the value of the object or objects illegally obtained will determine the severity of the punishment. If the aggregate value is $50,000 or more a person will be subject to a first degree felony punishable by up to 30 years in prison and a $10,000 fine. If the aggregate value is between $20,000 and $49,999.99 the crime will be a second degree felony punishable by up to 15 years on prison and a $10,000 fine. Lastly if the aggregate value is below $20,000 the crime is considered to be a third degree felony punishable up to 5 years in prison and a $5,000 fine.

Far too often our lawyers have counseled a potential client interested in a seal or expungement of a prior crime of dishonesty and had to tell them that we can’t help because they were formally convicted of the offense. This is devastating. What’s worse is that if they would have had a Tampa criminal attorney in their corner for that case, they likely could have avoided the formal conviction and would be able to get that crime off of their record. Our attorneys know all the consequences associated with this charge and how to avoid many of them be it through trial or a well crafted plea. Our criminal attorneys are here and ready to help. Give us a call at 813-444-7435.