Fraud Charges In Pennsylvania

CRIMINAL DEFENSE LAWYER
fraud, identity theft, and bad checks charges in pennsylvania

Fraud Charges in Pennsylvania

Fraud & Identity Theft Criminal Defense Attorney in Philadelphia, Montgomery, Delaware, Bucks, and Chester County

WHAT TO DO WHEN ACCUSED OF FRAUD IN PENNSYLVANIA

PHILADELPHIA   |   DELAWARE COUNTY   |   MONTGOMERY COUNTY   |   BUCKS COUNTY   |   CHESTER COUNTY

Fraud-related charges in Pennsylvania are serious criminal offenses that often involve complex evidence, paper trails, digital records, and financial documentation. A conviction can carry jail time, heavy fines, restitution, loss of professional licenses, and long-term damage to your reputation.

At Stephen Stewart Law, we defend individuals charged with fraud and financial offenses in:

  • Philadelphia County

  • Montgomery County

  • Delaware County

  • Bucks County

  • Chester County

If you are under investigation or have already been charged, early legal strategy is critical.


Understanding Fraud Offenses in Pennsylvania

“Fraud” is not a single crime in Pennsylvania. It encompasses multiple statutes within the Pennsylvania Crimes Code. The grade of the offense depends on:

  • The amount of money or value involved

  • The number of victims

  • Whether the conduct was part of an ongoing scheme

  • Prior criminal history

  • Whether the alleged conduct involved financial institutions or insurance carriers

Below are the most common fraud-related charges prosecuted in Southeastern Pennsylvania.


Identification Fraud (18 Pa.C.S. § 4120)

Identification fraud involves using another person’s identifying information without consent to obtain something of value.

This includes:

  • Using another person’s Social Security number

  • Opening accounts in someone else’s name

  • Using stolen personal data to obtain credit

  • Assuming another’s identity for financial gain

Grading of Identification Fraud

The grading depends largely on the value obtained:

  • Lower dollar amounts may be graded as misdemeanors

  • Higher amounts can result in felony charges

  • Multiple victims or ongoing conduct may increase exposure

In addition to incarceration and fines, courts often order restitution and may impose probation with strict financial monitoring.


Forgery (18 Pa.C.S. § 4101)

Forgery involves altering or creating a written instrument with intent to defraud.

Common examples include:

  • Altering checks

  • Creating fake signatures

  • Falsifying contracts

  • Submitting altered legal or financial documents

Forging official documents, public records, or financial instruments often results in felony charges. Even a single forged check can trigger serious consequences if the amount is significant.

Felony forgery may carry up to seven years incarceration depending on grading.


Bad Checks (Theft by Deception / Issuing Bad Checks – 18 Pa.C.S. § 4105)

Issuing a bad check generally involves knowingly writing a check with insufficient funds.

Factors that affect grading include:

  • The dollar amount of the check

  • Whether multiple checks were involved

  • Evidence of intent to defraud

Smaller amounts may be charged as summary offenses or misdemeanors, while larger amounts can escalate to felony grading.

Many counties offer pretrial resolution options if restitution is paid quickly, but this is not automatic.


Access Device Fraud (18 Pa.C.S. § 4106)

Access device fraud typically involves unauthorized use of:

  • Credit cards

  • Debit cards

  • Account numbers

  • PIN numbers

  • Electronic payment systems

The grade of access device fraud depends on the total value obtained within a given period.

  • Smaller totals may result in misdemeanor charges

  • Larger totals can become felonies

  • Use of multiple cards or victims may increase severity

These cases frequently involve digital evidence, transaction logs, and banking records. Early review of the Commonwealth’s financial calculations is essential.


Insurance Fraud (18 Pa.C.S. § 4117)

Insurance fraud occurs when someone knowingly presents false, incomplete, or misleading information to obtain insurance benefits.

Examples include:

  • False injury claims

  • Inflated property damage

  • Fraudulent auto accident claims

  • Staged accidents

  • Misrepresentation on insurance applications

Insurance fraud charges can vary widely depending on:

  • The amount claimed

  • Whether the conduct was repeated

  • Whether multiple parties were involved

Insurance companies often conduct their own investigations before law enforcement becomes involved. In many cases, clients are charged after an internal insurance review.


Fraud Charges in Philadelphia & Surrounding Counties

While fraud laws are statewide, the prosecution approach can differ by county.

Philadelphia County

Complex fraud cases may involve financial crimes units and extended investigations.

Montgomery County

Cases often include detailed forensic accounting review.

Delaware County

Retail and insurance fraud charges are aggressively prosecuted.

Bucks County

Restitution and negotiation strategies frequently influence resolution.

Chester County

Felony fraud cases may involve grand jury investigations.


Potential Penalties for Fraud Convictions

Depending on grading, fraud convictions can result in:

  • Summary offenses (up to 90 days incarceration)

  • Misdemeanors (up to 5 years incarceration)

  • Felonies (up to 7 years or more depending on classification)

  • Probation

  • Restitution

  • Fines

  • Asset forfeiture

Collateral consequences may include:

  • Professional license suspension

  • Employment termination

  • Security clearance issues

  • Immigration consequences

  • Damage to personal and business reputation


Possible Defenses to Fraud Charges

Fraud cases often hinge on intent. Potential defenses may include:

  • Lack of intent to defraud

  • Mistaken identity

  • Clerical error or accounting mistake

  • Lack of knowledge

  • Unauthorized use by another party

  • Insufficient proof of value

  • Constitutional violations during investigation

Every financial crime case requires careful analysis of documents, digital records, and witness testimony.


Early Investigation Matters

Fraud investigations often begin long before formal charges are filed. If you are:

  • Contacted by detectives

  • Subpoenaed for records

  • Asked to provide statements

  • Notified by an insurance investigator

You should speak with counsel before responding.

Statements made during investigations can later be used in prosecution.

What should I do if my loved one or I am charged with a Fraud crime in Pennsylvania? If you or your loved one has been accused of a fraud or identity theft and you would like to get out ahead of it, call 215-650-6500 to discuss your options or get a second opinion from attorney Stephen Stewart. Prosecutors often seek cash bail for individuals accused of serious fraud crimes.

What are the possible sentences if convicted of Fraud in Pennsylvania? The penalties are wide-ranging because there are so many different factors under the Fraud and Identity Theft laws in Pennsylvania. However, most Fraud charges are felonies and can carry significant jail or prison time if convicted. Call attorney Stephen Stewart at 215-650-6500 to discuss your particular situation.

What if my loved one or I already have an attorney? If you or your loved one has already had a court date in a Fraud case, a public defender, a court-appointed attorney, or another privately retained attorney may be on the case. Attorney Stephen Stewart can offer a second opinion and potentially an alternative approach to fighting the charges if you are unhappy with your current representation. Book An Appointment to discuss.

bad checks and criminal use of a communication facility charges in pennsylvania

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