What Are the Penalties for Fraud in New York?

By Spodek Law Group
July 8, 2024
8 min read
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What Are the Penalties for Fraud in New York?

Fraud is a serious crime in New York that can carry severe penalties, including hefty fines and lengthy prison sentences. At Spodek Law Group, we understand how frightening it can be to face fraud charges. Our experienced criminal defense attorneys are here to help protect your rights and fight for the best possible outcome in your case.

Types of Fraud Charges in New York

There are many different types of fraud charges that can be brought under New York law. Some of the most common include:
  • Scheme to Defraud: Engaging in a systematic course of conduct with intent to defraud multiple people
  • Grand Larceny: Stealing property or money through fraudulent means
  • Insurance Fraud: Making false insurance claims
  • Credit Card Fraud: Using stolen credit cards or making fraudulent charges
  • Identity Theft: Using someone else's personal information for financial gain
  • Forgery: Creating or altering documents with intent to defraud
  • Tax Fraud: Evading taxes or filing false tax returns
  • Securities Fraud: Manipulating financial markets or deceiving investors
The specific charge will depend on the nature and extent of the alleged fraudulent activity. Many fraud crimes can be charged as either misdemeanors or felonies, depending on the circumstances.

Penalties for Misdemeanor Fraud in New York

Misdemeanor fraud charges typically involve smaller amounts of money or less sophisticated schemes. Some examples of misdemeanor fraud offenses in New York include:
  • Petit Larceny: Theft of property valued at $1,000 or less
  • Issuing a Bad Check: Writing checks with insufficient funds
  • Criminal Impersonation: Pretending to be someone else to obtain a benefit
The penalties for misdemeanor fraud convictions in New York may include:
  • Up to 1 year in jail
  • Fines up to $1,000
  • Probation
  • Restitution to victims
While misdemeanors are less serious than felonies, a conviction can still result in jail time and create a criminal record that impacts your future. That's why it's crucial to have an experienced fraud defense lawyer on your side, even for misdemeanor charges.

Penalties for Felony Fraud in New York

More serious fraud offenses are charged as felonies in New York. Felony fraud charges often involve larger sums of money, multiple victims, or sophisticated criminal schemes. Some examples include:
  • Grand Larceny: Theft of property valued over $1,000
  • Identity Theft: Using someone's personal information to obtain $500+ or commit a felony
  • Insurance Fraud: Making false claims valued at $1,000 or more
  • Scheme to Defraud: Defrauding 10+ people of $1,000+ total
Felony fraud convictions carry much harsher penalties than misdemeanors. The exact sentence will depend on the specific charge and the defendant's criminal history. Here's an overview of potential penalties for felony fraud in New York:
Felony Class Prison Sentence Maximum Fine
Class E Up to 4 years $5,000
Class D Up to 7 years $5,000
Class C Up to 15 years $15,000
Class B Up to 25 years $30,000
In addition to prison time and fines, felony fraud convictions may also result in:
  • Lengthy probation periods
  • Restitution to victims
  • Asset forfeiture
  • Loss of professional licenses
  • Difficulty finding employment
  • Loss of voting rights
The long-term consequences of a felony fraud conviction can be devastating. That's why it's critical to have an experienced New York fraud defense attorney fighting for you.

Federal Fraud Charges

In some cases, fraud charges may be brought at the federal level rather than in New York state court. Federal fraud charges often involve:
  • Mail Fraud: Using the postal service to carry out a fraudulent scheme
  • Wire Fraud: Using electronic communications (phone, email, etc.) to defraud
  • Bank Fraud: Defrauding a financial institution
  • Healthcare Fraud: Defrauding Medicare, Medicaid or private insurers
  • Securities Fraud: Manipulating financial markets or deceiving investors
Federal fraud charges typically carry even harsher penalties than state charges, including:
  • Prison sentences of 20+ years for some offenses
  • Fines up to $1 million or more
  • Forfeiture of assets obtained through fraud
  • Restitution to victims
If you're facing federal fraud charges, it's absolutely essential to work with an attorney experienced in federal criminal defense. At Spodek Law Group, we have extensive experience defending clients against federal fraud charges across the country.

Factors That Influence Fraud Penalties

When determining the sentence for a fraud conviction, judges consider many factors, including:
  • The amount of money involved: Larger financial losses typically result in harsher sentences
  • Number of victims: Defrauding multiple people is seen as more serious
  • Sophistication of the scheme: Complex, premeditated frauds are punished more severely
  • Defendant's role: Ringleaders face harsher penalties than minor participants
  • Criminal history: Prior convictions lead to increased sentences
  • Acceptance of responsibility: Pleading guilty may result in a reduced sentence
An experienced fraud defense lawyer can help present mitigating factors to potentially reduce your sentence if convicted.

Defenses Against Fraud Charges in New York

While fraud charges are serious, there are many potential defenses that an skilled attorney can use to fight the allegations. Some common defenses include:
  • Lack of intent to defraud: Fraud requires intentional deception, not just a mistake
  • Absence of financial loss: Some fraud charges require proof that victims suffered actual losses
  • Consent: The alleged victim may have knowingly agreed to the transaction
  • Statute of limitations: Charges must be brought within a certain timeframe
  • Entrapment: Law enforcement improperly induced the defendant to commit fraud
  • Insufficient evidence: The prosecution may lack solid proof of fraudulent activity
  • Constitutional violations: Improper searches or interrogations can lead to dismissed charges
The best defense strategy will depend on the specific circumstances of your case. That's why it's crucial to work with an experienced New York fraud defense attorney who can thoroughly evaluate the evidence and build a strong defense.

Why You Need an Experienced Fraud Defense Lawyer

If you're facing fraud charges in New York, the stakes couldn't be higher. A conviction could mean years in prison, massive fines, and a ruined reputation. That's why it's absolutely critical to have a knowledgeable fraud defense attorney on your side.At Spodek Law Group, we have decades of experience defending clients against all types of fraud charges in New York and across the country. We understand the complex laws surrounding fraud and know how to build effective defense strategies.When you work with our firm, we will:
  • Thoroughly investigate the allegations against you
  • Identify any weaknesses in the prosecution's case
  • Explore all possible defenses
  • Negotiate with prosecutors to potentially reduce charges
  • Aggressively defend you in court if necessary
We have a proven track record of achieving positive outcomes for our clients, including:
  • Charges dropped or dismissed
  • Reduced charges (e.g. felony to misdemeanor)
  • Acquittals at trial
  • Favorable plea bargains
  • Reduced sentences
Don't face fraud charges alone. Contact Spodek Law Group today at 212-300-5196 for a free consultation with an experienced New York fraud defense lawyer. We're available 24/7 to discuss your case and start building your defense.

The Importance of Acting Quickly

If you're under investigation for fraud or have already been charged, time is of the essence. The sooner you contact an attorney, the better your chances of a positive outcome. Here's why:
  • Evidence preservation: We can work quickly to gather and preserve evidence in your favor before it's lost or destroyed.
  • Witness interviews: Talking to witnesses early on can help lock in favorable testimony.
  • Negotiation opportunities: Early intervention may allow us to negotiate with prosecutors before charges are filed or escalated.
  • Constitutional protections: We can ensure your rights are protected during any police questioning or searches.
  • Strategic planning: The more time we have to build your defense, the stronger it will be.
Don't wait to get legal help. If you suspect you're under investigation or have been contacted by law enforcement about potential fraud charges, call Spodek Law Group immediately at 212-300-5196. We're available 24/7 to start protecting your rights.

The Spodek Law Group Difference

When you're facing fraud charges, you need more than just a lawyer – you need a fierce advocate who will fight tirelessly for your rights and freedom. That's exactly what you'll get with Spodek Law Group.Here's what sets us apart:
  • Extensive experience: We've successfully defended countless clients against fraud charges in New York and nationwide.
  • Aggressive approach: We leave no stone unturned in building your defense and challenging the prosecution's case.
  • Insider knowledge: Our team includes former prosecutors who understand how the other side thinks.
  • Personalized attention: We take the time to understand your unique situation and tailor our strategy accordingly.
  • 24/7 availability: We're here for you day or night to address your concerns and answer your questions.
  • Proven results: Our track record speaks for itself – we consistently achieve positive outcomes for our clients.
Don't trust your future to just any lawyer. Choose Spodek Law Group for the dedicated, skilled representation you deserve.

Conclusion

Fraud charges in New York carry serious penalties that can impact every aspect of your life. But with the right legal team on your side, you can fight back and protect your rights and freedom.At Spodek Law Group, we have the knowledge, experience, and dedication to guide you through this difficult time and work towards the best possible outcome in your case. We understand how stressful and frightening fraud charges can be, and we're here to support you every step of the way.Don't face fraud charges alone. Contact Spodek Law Group today at 212-300-5196 for a free, confidential consultation with an experienced New York fraud defense attorney. We're available 24/7 to discuss your case and start building your defense. Remember, the sooner you act, the better your chances of a positive outcome. Call us now and let us fight for you.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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