NY Penal Law § 176.20: Insurance Fraud In The Third Degree

by ECL Writer
New York Insurance Fraud Frequently Asked Questions

Insurance fraud is a type of white-collar crime that takes place when a person gives an insurance provider false information in order to gain payment from the provider that they otherwise would not have received. Although it’s frequently linked with health insurance, it can also refer to any kind of insurance plan, including life insurance, car insurance, homeowners insurance, workers’ compensation insurance, commercial insurance, and government-financed insurance programs like Medicare or Medicaid. An illustration of insurance fraud might be someone pretending to die in order to collect on a life insurance policy, then turning up years later and claiming memory loss.

If you make an insurance claim after an automobile accident for losses that weren’t really sustained in the collision but came about as a result of another collision, you have engaged in insurance fraud. New York criminal law has a number of various offenses related to insurance fraud. The precise insurance fraud offense you will be charged with if you perform an insurance fraud act will depend on a number of different circumstances, including the type of insurance plan and the amount of money involved.

You shall be charged with insurance fraud in the third degree under New York Penal Law 176.20 if you commit insurance fraud and as a result, acquire or attempt to acquire property having a value of above $3000 but not over $50,000. It is crucial to remember that you could be charged with additional crimes, such as grand larceny if you are suspected of engaging in insurance fraud.

Penalties For Insurance Fraud In The Third Degree In New York

Insurance fraud in the third degree is a criminal offense in New York that occurs when a person intentionally commits insurance fraud and the value of the fraudulent claim is more than $3,000 but less than $50,000. This crime is a class D felony, which carries a maximum sentence of up to 7 years in prison.

In addition to prison time, a person convicted of insurance fraud in the third degree may also face fines, restitution, and the loss of their professional license. The amount of the fine that a person may be required to pay will depend on the amount of the fraudulent claim.

If a person is convicted of insurance fraud in the third degree, they may also be required to pay restitution to the victims of the fraud. Restitution is a payment made by the defendant to the victim to compensate them for any losses or damages that they may have suffered as a result of the fraud.

Furthermore, a conviction for insurance fraud can have long-lasting consequences. It can result in a criminal record that can make it difficult to find employment or housing, and can also affect a person’s ability to obtain credit or loans.

If you have been charged with insurance fraud in the third degree in New York, it is important to speak with an experienced criminal defense attorney who can help you understand your legal options and defend your rights. An attorney can review the facts of your case, identify any defenses that may be available to you, and work to achieve the best possible outcome for your case.

Defenses To Insurance Fraud In The Third Degree In New York

If you didn’t intend to cheat the insurance provider, you wouldn’t be charged with insurance fraud. Consider the scenario if you were in a car accident in March and your insurance company paid for the damage to your car. But you never manage to get the car fixed. You are involved in another car accident in September that causes additional damage to your vehicle in the same area. It might be challenging, if not impossible, to tell which damage was brought on by the most recent collision.

Differences Between Insurance Fraud In The Second And Third Degree In New York

In New York, insurance fraud is a serious crime that carries significant legal consequences. Insurance fraud can be classified as either second-degree or third-degree fraud, with each offense carrying different penalties and degrees of severity.

Second-degree insurance fraud is considered a class C felony and occurs when a person intentionally and fraudulently obtains benefits from an insurance company, with a value of over $1,000. Examples of second-degree insurance fraud include filing a false claim for benefits, providing false information to an insurance company, or intentionally damaging property to obtain an insurance payout. The penalties for second-degree insurance fraud can include up to 15 years in prison and fines of up to $15,000 or double the amount of the fraud, whichever is greater.

Third-degree insurance fraud is considered a class D felony and occurs when a person intentionally and fraudulently obtains benefits from an insurance company, with a value of less than $1,000. Examples of third-degree insurance fraud include making a false claim for benefits or providing false information to an insurance company. The penalties for third-degree insurance fraud can include up to seven years in prison and fines of up to $5,000 or double the amount of the fraud, whichever is greater.

One of the main differences between second-degree and third-degree insurance fraud is the amount of money involved in the fraudulent scheme. Second-degree insurance fraud involves larger amounts of money, and therefore the penalties are more severe. Another difference is the length of potential prison sentences, with second-degree insurance fraud carrying a maximum of 15 years in prison, while third-degree insurance fraud carries a maximum of seven years.

It is essential to note that insurance fraud is a serious crime, and those convicted of such crimes can face severe legal consequences. If you are accused of insurance fraud, it is crucial to seek legal counsel immediately to protect your rights and mount a strong defense against the charges. It is also important to note that insurance companies often employ investigators to detect and prevent fraudulent activity, making it essential to be truthful and honest when making any claims or dealing with insurance matters.

Hiring A New York Lawyer For Insurance Fraud In The Third-Degree Case

If you are facing charges of insurance fraud in the third degree in New York, it is crucial to hire an experienced lawyer to represent you in court. An attorney specializing in insurance fraud cases can help you navigate the legal system, protect your rights, and work toward the best possible outcome for your case.

One of the first things a lawyer will do is review the details of your case, including the evidence against you, witness statements, and any documentation related to the insurance fraud allegations. They will then work with you to develop a defense strategy tailored to your specific circumstances, which may include negotiating a plea bargain, seeking to have charges dropped, or presenting a case in court.

An experienced insurance fraud lawyer can also provide valuable guidance throughout the legal process, including advising you on how to interact with insurance companies and investigators, appearing in court on your behalf, and negotiating with prosecutors to minimize the potential penalties you may face if convicted.

Hiring a lawyer to represent you in an insurance fraud case can be crucial to protecting your rights and achieving the best possible outcome for your case. It is important to choose an attorney who has experience with insurance fraud cases, and who is familiar with the New York legal system and the specific procedures and laws involved in your case.

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