Giving false information to an insurance company in order to collect money from that insurance company is considered insurance fraud, a type of white-collar crime. Fraudulent practices in the insurance industry can take many various forms. For instance, you would have committed New York insurance fraud if your home was broken into and you lied to the insurance company about what was taken in order to receive more money from them. Giving incorrect information to your auto insurance provider regarding where you live in an effort to lower your premium is another technique to commit insurance fraud. Some people purposely set fire to their buildings, vehicles, or businesses in order to obtain insurance.
In extreme situations, people have been known to feign death in order to get a life insurance policy’s payout. 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. Insurance fraud in the first degree is one of the most serious insurance fraud offenses. That is an offense of class B.
You will be charged with insurance fraud in the first degree under New York Penal Law 176.30 if you commit an insurance fraud act and as a result obtain or attempt to gain property with a value of above $1 million.
Sentence For Insurance Fraud In The First Degree
If you are found guilty of insurance fraud in the fourth degree, a class B felony, you could spend up to 25 years in prison and be fined. The judge may also order you to serve a five-year probationary period. Also, you can be required to make restitution by judgment.
- Insurance Fraud in the Fourth Degree –New York Penal Law 176.15
- Insurance Fraud in the Third Degree –New York Penal Law 176.20
- Insurance Fraud in the Second Degree –New York Penal Law 176.25
- Insurance Fraud in the First Degree –New York Penal Law 176.30
- New York Insurance Fraud
Defenses To Insurance Fraud In The First Degree
If you did not intend to defraud the insurer, you would not be guilty of insurance fraud. For instance, you would not have engaged in insurance fraud if you made a claim for items lost in a burglary but were unaware that a particular item had already been taken by a relative. Similarly, you would not have engaged in insurance fraud if the claim included vehicle damage sustained in an accident and you accidentally included damage that actually happened in an earlier occurrence.
New York Penal Code § 176.30: Insurance fraud in the first degree
When someone engages in a fraudulent insurance act and then wrongfully takes, obtains, withholds, or attempts to wrongfully take, obtain, or withhold property worth more than $1 million, they are guilty of insurance fraud in the first degree.
Hiring A New York Lawyer For Insurance Fraud In The First Degree Case
In New York, insurance fraud is a serious offense with serious legal repercussions, such as penalties, restitution, and imprisonment for those proven guilty. The most serious kind of insurance fraud, known as insurance fraud in the first degree, is a Class B felony that carries a maximum 25-year prison sentence. Hiring a lawyer with knowledge in this field is crucial if you are charged with insurance fraud in the first degree. You may manage the complexities of the legal system and develop a solid defense against the allegations with the assistance of an accomplished New York attorney.
The fact that a lawyer for insurance fraud cases has a thorough awareness of the laws and rules governing insurance fraud in New York is one of the key advantages of employing one. They can examine the evidence presented against you and find any holes or contradictions that can work in your favor. Also, a lawyer might bargain with the prosecution to have the charges against you dropped or reduced. They can make the case for a plea deal or look into other legal options that might result in a better outcome for you.
A New York attorney can also represent you in court and make a strong argument in your favor. To support your case, they can call on experts, refute prosecution testimony, and cross-examine witnesses.
In conclusion, it is critical to retain a lawyer with experience in this field if you are accused of insurance fraud in the first degree in New York. You may mount a strong defense and fight toward the best result in your case with the assistance of a knowledgeable attorney.