Red Bank Insurance Fraud Lawyers
It is illegal under N.J.S.A. 2C:21-4.6 for a person to engage in fraud in an application for insurance, renewal of a policy, or in conjunction with a claim for payment, reimbursement or benefits. The term “fraud” encompasses a false, fictitious, or misleading statement of fact or the omission of a material fact in conjunction with car insurance, disability coverage, unemployment benefits, medical/health care claims, Medicaid, workers compensation or any other form of insurance. If you have been charged with insurance fraud by the Monmouth County Prosecutor’s Office, the State of New Jersey (e.g. Office of the Insurance Fraud Prosecutor, Department of Insurance, etc.) or the local police in Deal, Sea Bright, Belmar, Manasquan, Lake Como, call our firm for the guidance you need.
At Marshall, Bonus, Proetta & Oliver, we offer representation from the largest criminal defense team in the county, including several prosecutors and attorneys with over 100 years of combined experience. A lawyer on our staff will give you the time in a free consultation to fully explain all of the facts of your case and provide insight as to your best options for defending the offense. Do not make the mistake of believing that a sentence for insurance fraud is inevitable just because you were arrested. Our lawyers have helped countless individuals avoid conviction not only through Pretrial Intervention but also through successful attack of the charge itself. Call us at 732-462-1197 to speak to an attorney in our Freehold Office or Red Bank Office.
How Does The Prosecutor Prove Insurance Fraud?
Whether the state or another agency is prosecuting your case, the same elements must be proven in order to find you guilty of insurance fraud pursuant to N.J.S.A. 2C:21-4.6. First, the prosecutions must establish that you made a claim benefits or filed an application for insurance coverage or for renewal of a policy. Second, you must have made or caused a false, fictitious, fraudulent, or misleading statement of material fact to occur, or for such to be omitted. Third, misconduct must have been knowing. These elements apply to proving insurance fraud in any context including, but not limited to, homeowners, car, disability, unemployment, flood, workers compensation, personal injury or any other form of coverage or claim.
A fraudulent property damage claim on your homeowner’s insurance or any other form of 2C:21-4.5 violation is typically a third degree crime. If the prosecutor can also prove, however, that you committed insurance fraud five or more times, or that you wrongfully obtained $1,000 or more in benefits, then the charge is elevated to a second degree crime. A conviction for third degree insurance fraud exposes a defendant to 5 years in state prison and a fine of up to $15,000. The penalties escalate significantly for second degree insurance fraud as you can be incarcerated for as much as 10 years and fined as much as $150,000.
Freehold NJ Insurance Fraud Defense Attorney
When you consider the fact that the state has gone as far as to create a specific office and prosecutor to target insurance fraud, it should be clear that law enforcement is serious about snuffing out this type of conduct. The problem in our experience is that violations tend to be exaggerated or even misdirected. This is one or many reasons why you should contact an attorney at Marshall, Bonus, Proetta & Oliver immediately. We have the skills necessary to protect you against the penalties outlined previously irrespective whether the claim arose in Colts Neck, Aberdeen, Matawan, Marlboro or another town. Our team has been fighting charges like yours at the Courthouse in Freehold for decades and have even been employed there in the past. To speak to one of the lawyers at the firm, call our Office in Red Bank or any other one of our locations for the time and attention you need.