Arrested or Charged with Fraud: Part One - Theft by Fraud and CPC 484

The crime of “Fraud” in the State of California boils down two basic elements:

  1. A fraudulent or deceptive act which either results in an undeserved benefit; OR
  2. Which may also cause harm or loss to another person.

Essentially, doing or saying something to deceive another person, which results in your gain and/or a victim’s loss could be considered fraud.  However, there are a vast number of crimes that come about when a person commits an act commonly known as “fraud.”  By far, the most common type of fraud charges which are filed in California are theft related fraud charges.  The most common charge for theft is Penal Code Section 484(a), which states:

CPC 484(a) “every person….who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor, or real or personal property…is guilty of theft.”

So, if you were to walk into a store, steal some merchandise off the shelf and walk out without paying, you have committed a theft.

If you take that same item and tell a store employee, “I already paid” as you breeze out the door, you have committed the same crime by a different means and could face the exact same punishment!

However it happened, if you are arrested and find yourself charged with fraud, theft, or any other crime, contact The Law Offices of Bryan R. Kazarian for a free consultation at (855) 918-4253 .  For more information on these and other criminal charges, stay tuned to www.kazarianatlaw.com