Defending Fraud Cases in Murrieta and Southwest Riverside County
Fraud
Fraud is an intent crime. The prosecution must prove not just that a misrepresentation occurred, but that it was made knowingly, with specific intent to deceive, and that the victim relied on it to their detriment. Each of those elements is a potential defense. At the Law Office of Nic Cocis, we defend fraud charges in Murrieta and throughout Southwest Riverside County with a focus on the specific theory of fraud alleged and what the evidence actually establishes about intent.
The Range of California Fraud Charges
California doesn’t have a single fraud statute. Fraud is prosecuted under a range of overlapping provisions, and which statute applies depends on the type of conduct alleged.
Penal Code § 532 — theft by false pretense
The core fraud statute. A person who obtains money, labor, or property by false or fraudulent representation or pretense, with intent to defraud, is guilty of theft by false pretense. The amount determines whether it’s petty theft or grand theft, and the prosecution must prove that the victim actually relied on the false representation.
Insurance fraud — Penal Code § 550
Making false or fraudulent insurance claims. It’s a wobbler for amounts under $950 and a felony for larger amounts, carrying up to five years in state prison. Insurance fraud encompasses workers’ compensation fraud, auto insurance fraud, health insurance fraud, and property insurance fraud.
Real estate and mortgage fraud — Penal Code § 532f
Misrepresentations in real estate or mortgage transactions, including false statements on loan applications. Penalties escalate with the amount involved.
Check fraud — Penal Code § 476
Making, drawing, or delivering a check knowing the account lacks sufficient funds with intent to defraud. The reliance and intent elements are both contested regularly in check fraud cases.
Wire fraud and mail fraud — 18 U.S.C. §§ 1341, 1343
Federal fraud charges that arise when the alleged scheme used the mail or electronic communications — which covers virtually any modern commercial fraud scheme. Federal wire fraud carries up to 20 years per count. Federal fraud charges often arise alongside or instead of state charges when the conduct crossed state lines, involved federally insured financial institutions, or was investigated by federal agencies.
The Intent Element — Where Fraud Defenses Live
The prosecution must prove specific fraudulent intent in every fraud case. A bad business decision, an optimistic projection that didn’t pan out, a contract dispute where one party didn’t perform as promised, or a genuine mistake in a financial representation are not fraud — even if someone lost money. The distinction between fraud and a civil dispute turns entirely on the defendant’s state of mind at the time of the alleged misrepresentation.
We build the defense around the legitimate explanation for the conduct at issue. What was the business context? What did the defendant believe at the time? What was the basis for the representation made? These questions go directly to intent, and they’re examined through documents, communications, and the surrounding circumstances.
How We Can Help with Fraud Charges
01
Intent Investigation
We examine every document and communication that bears on the defendant’s state of mind at the time of the alleged fraud. Internal emails, business records, and contemporaneous communications frequently tell a different story than the prosecution’s narrative.
02
Reliance Challenge
The victim must have actually relied on the false representation. Where the alleged victim had independent information, conducted their own due diligence, or would have acted the same way regardless of the representation, the reliance element may not be satisfied.
03
Federal Exposure Assessment
Any fraud case with a federal dimension requires immediate assessment of federal exposure. Federal wire and mail fraud charges carry dramatically higher sentencing exposure than state fraud charges, and the decision about how to approach a case with both state and federal dimensions requires careful analysis.
04
Negotiation and Trial
Fraud cases generate substantial documentary evidence that the prosecution must present coherently to a jury. We understand that evidence and know how to challenge it. Where negotiation is the right path, we engage with a full understanding of what the prosecution can prove. Where trial is appropriate, we’re prepared to try it.
Facing Fraud Charges in Murrieta?
Contact the Law Office of Nic Cocis for a consultation. We serve clients in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, French Valley, and throughout Southwest Riverside County.
Why Choose the Law Office of Nic Cocis?
Intent-Focused Defense
Understands that fraud cases are won or lost on the intent element
Federal Fraud Experience
Handles cases with federal wire and mail fraud dimensions
Former DA’s Office Intern
Knows how fraud cases are built and evaluated for prosecution
Multilingual Services
English, Romanian, and Spanish available
