Criminal Defense

Insurance Fraud Defense Attorneys in Florida

Insurance fraud is a serious criminal offense in Florida, with potentially life-altering consequences if convicted. If you are accused of violating Florida Statute § 817.234, you could face felony charges, steep fines, and even incarceration.

At Metcalf Falls, Criminal Defense Attorneys, P.A., we are dedicated to defending clients accused of insurance fraud across Florida.

Call (813) 981-7005 today for a free consultation with an experienced defense attorney.

What Is Insurance Fraud Under Florida Statute § 817.234?

Insurance fraud occurs when an individual or entity intentionally deceives an insurance company for financial gain. Florida Statute § 817.234 specifically criminalizes acts of fraud committed during the application, claims process, or any interaction with an insurance provider. Fraudulent activities can involve various types of insurance, including health, auto, property, and workers’ compensation insurance.

To secure a conviction, the prosecution must demonstrate that the accused knowingly engaged in deceptive conduct with the intent to defraud an insurer. This involves proving that false information was deliberately provided and that the falsehood was significant enough to impact the insurer’s decision.

Common examples of insurance fraud

Staged accidents to collect payouts

Individuals may intentionally cause car accidents or fabricate incidents to fraudulently claim insurance money.

Inflating repair costs after a car accident

Exaggerating the extent of damage to a vehicle to receive higher compensation from the insurer.

False injury claims to gain undeserved benefits

Submitting exaggerated or fabricated injury claims to obtain medical benefits or disability payments. 

Submitting fake documents to support a claim

Providing falsified receipts, medical records, or other supporting documentation to substantiate a fraudulent insurance claim.

Arson for insurance money

Deliberately setting fire to property to collect insurance compensation.

Misrepresenting information on an insurance application

Providing false details about one’s health, property condition, or driving history to secure lower premiums or additional coverage.

Faking theft or property damage

Claiming possessions were stolen or damaged when they were not, in order to receive reimbursement.

Florida law enforcement and insurance companies aggressively investigate suspected fraud cases, often using surveillance, data analysis, and testimony from expert witnesses to build their cases.

What Are the Penalties for Insurance Fraud in Florida?

The penalties for insurance fraud in Florida are severe and depend on the total value of the fraudulent claim. Prosecutors pursue these cases aggressively, and penalties can include substantial prison time, fines, and other long-term consequences.

The legal penalties based on the value of the fraudulent claim are as follows:

Less than $20,000

  • Third-degree felony
  • Up to 5 years in prison
  • Fines up to $5,000
  • Restitution to the insurance company

$20,000 to $100,000:

  • Second-degree felony
  • Up to 15 years in prison
  • Fines up to $10,000
  • Restitution and potential probation

More than $100,000:

  • First-degree felony
  • Up to 30 years in prison
  • Fines up to $10,000
  • Asset forfeiture and restitution

In addition to criminal penalties, a conviction for insurance fraud can result in:

  • A permanent criminal record makes securing employment, housing, or loans challenging.
  • Professional consequences include revocation of licenses and certifications for those in regulated professions such as healthcare, finance, or insurance.
  • Difficulty obtaining future insurance coverage, as fraudulent activities may lead to denial of claims and higher premiums.
  • Civil lawsuits, where the insurance company may sue for damages and recover fraudulent payouts through legal action.

Insurance fraud charges can have life-altering repercussions, making it crucial to seek experienced legal representation to protect your rights and explore potential defenses.

How Can You Defend Against Insurance Fraud Charges in Florida?

If you are accused of insurance fraud, you need a strong defense tailored to the unique circumstances of your case. At Metcalf Falls, Criminal Defense Attorneys, P.A., we employ various strategies to protect your rights, including: 

Challenging Intent

To secure a conviction, the prosecution must prove that you intentionally attempted to defraud the insurance company. If the alleged misrepresentation was an honest mistake, this can undermine the case against you.

Insufficient Evidence

We will thoroughly review the prosecution’s evidence, looking for inconsistencies or gaps in their case. If they cannot meet their burden of proof, we will seek dismissal or reduction of the charges.

Lack of Material Misrepresentation

Not all inaccuracies constitute insurance fraud. We can argue that the alleged misrepresentation was not material or did not affect the insurance company’s decision-making process.

Violation of Your Rights

If law enforcement violated your rights during the investigation, such as conducting an unlawful search or seizure, we can challenge the admissibility of the evidence in court.

Frequently Asked Questions About Insurance Fraud in Florida 

What Should I Do If I’m Accused of Insurance Fraud?

If you are accused of insurance fraud, avoid making any statements to investigators without legal representation. Contact a criminal defense attorney immediately to protect your rights and begin building your defense.

Can I Be Charged for a Simple Mistake on a Claim?

Insurance fraud requires intent to deceive. If the error was unintentional, it may not meet the legal standard for fraud. 

What If I Was Unaware of Fraudulent Activity?

You cannot be convicted of insurance fraud if you were unknowingly involved. Our attorneys can investigate to show that you were not aware of any wrongdoing. 

How Long Does the Prosecution Have to File Charges?

The statute of limitations for insurance fraud in Florida is typically 5 years, but it’s critical to act quickly to build your defense. 

Can I Negotiate a Plea Deal?

Depending on the facts of your case, an experienced attorney may be able to negotiate reduced charges or alternative penalties, such as restitution or probation.

Why Work With Our Florida Insurance Fraud Defense Attorneys?

Insurance fraud charges in Florida carry severe consequences, including steep fines, imprisonment, and a permanent criminal record that can damage your reputation and professional prospects. Convictions may also result in being blacklisted by insurance companies, making it difficult to secure future coverage. Working with an experienced theft attorney like Brett Metcalf gives you the best chance of fighting these serious allegations and protecting your future.

Brett Metcalf’s experience as a former prosecutor provides him with valuable insights into how insurance fraud cases are built and prosecuted. He understands the strategies the state uses and can identify weaknesses in their evidence, such as flawed investigations, unreliable witness testimony, or procedural errors. Brett uses this knowledge to craft strong defenses tailored to the specifics of each case.

Since 2012, Brett has represented Florida clients accused of various types of insurance fraud, including health, auto, and property claims fraud. From the moment you seek his help, Brett works diligently to challenge the evidence, negotiate for reduced charges or dismissals, and prepare a robust defense if the case goes to trial.

Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.

Contact a Florida Criminal Defense Lawyer Today

If you are facing insurance fraud charges in Florida, don’t navigate the legal system alone. Let Metcalf Falls, Criminal Defense Attorneys, P.A. fight for your rights and help you move forward.

Call (813) 981-7005 or complete our online contact form to schedule your free consultation today.

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