Fraud Lawyer in Everett, WA 

Our Defense Strategy for Fraud Charges

Defending against fraud requires a detailed, analytical approach to dismantle the prosecution's paper trail and challenge their claims of intent. Our attorney’s extensive background in investigation gives us a distinct advantage in reviewing complex financial and forensic evidence.

• Challenging intent: We can argue that the alleged actions were the result of honest mistakes, miscommunication, lack of knowledge, or poor business judgment, rather than deliberate criminal intent. Without intent to defraud, the charges must fail.
• Forensic evidence scrutiny: We meticulously review all bank records, electronic communications, and documents. We may utilize forensic accountants to provide alternative interpretations of the financial data, challenging the state's calculation of loss or their theory of the scheme.
• Mitigation and negotiation: We seek to negotiate favorable resolutions, often by disputing the actual dollar amount of the loss, which can reduce a Class B felony (theft in the first degree) to a less severe Class C felony.
• Constitutional defenses: We look for violations of your rights during the investigation, such as illegal searches of electronic devices or improper seizure of business records, which can lead to the suppression of critical evidence.

Common Types of Fraud and Related Charges We Handle 

Fraud charges are often classified by the dollar amount of the loss or the specific deceptive tool used.

Forgery (RCW 9A.60.020):

• Action: Falsely completing, altering, or making a written instrument (like a check, contract, or ID) or possessing a document knowing it is forged, with intent to injure or defraud.
• Penalty: Class C Felony (up to five years in prison / $10,000 fine).

Identity Theft (RCW 9.35.020):

• Action: Using someone else's personal identifying information or financial information to obtain credit, money, or property.
• Penalty: Can be a Class B felony (up to 10 years in prison / $20,000 fine), depending on the value obtained.

Unlawful Issuance of Checks/Drafts (Check Fraud):

• Action: Writing a check knowing there are insufficient funds with the intent to defraud.
• Penalty: Charged as a Class C felony if the amount is over $750; otherwise, it is a gross misdemeanor.