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About Insurance Fraud Charges

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Insurance fraud accusations are very serious. Contact an experienced Manhattan white collar crimes lawyer immediately if you find yourself the target of an insurance fraud investigation. Insurance fraud occurs when a person commits what is defined as a fraudulent insurance act. New York Penal Code 176.05 basically defines a fraudulent insurance act as an act committed by a person who, knowingly and with intent to defraud, exploits the insurance system for personal benefit when they had no valid legal claim to insurance benefits.

There are many forms of insurance fraud that can occur. Examples run the gamut from situations that include people who inflate the damages to their property after an accident to gain more money from the insurance company than they are actually entitled to, to situations in which a doctor bills an insurance company for procedures that they never actually conducted.

For more information about insurance fraud and how our white collar crimes lawyer in Manhattan can help you, please feel free to reach out to us today at (212) 577-9328.

Insurance Fraud Charges & Penalties

Insurance fraud in its most basic form is Insurance Fraud in the Fifth Degree. It is a class A misdemeanor. However, the amount of money profited from the fraudulent insurance act can aggravate the degree. For example, if a person commits a fraudulent insurance act and obtains over $1,000 as a result, they are now guilty of committing Insurance Fraud in the Fourth Degree, which is a class E felony.

Below is an explanation of the various degrees of insurance fraud in New York, what the government needs to prove to sustain a conviction, and the applicable sanctions. If you or a loved one is accused of any degree of Insurance Fraud, contact John Buza for a free consultation.

Insurance Fraud in the First Degree

Insurance Fraud in the First Degree is codified in New York Penal Code Section 176.30. It is a class B felony. If a person with no prior felony convictions is convicted of a class B felony, the minimum period of incarceration is an indeterminate sentence of 1 to 3 years in prison and the maximum is 8 1/3 to 25 years.

Insurance Fraud in the Second Degree

Insurance Fraud in the Second Degree is codified in New York Penal Code Section 176.25. It is a class C felony. There is no minimum period of mandatory incarceration if a person with no prior felony convictions is convicted of a class C (non-violent and non-drug) felony, however, the maximum period of incarceration is an indeterminate sentence of 5 to 15 years.

Insurance Fraud in the Third Degree

Insurance Fraud in the Third Degree is codified in New York Penal Code Section 176.20. It is a class D felony. There is no minimum period of mandatory incarceration if a person with no prior felony convictions is convicted of a class D (non-violent and non-drug) felony, however, the maximum period of incarceration is an indeterminate sentence of 2 1/3 to 7 years.

Insurance Fraud in the Fourth Degree

Insurance Fraud in the Fourth Degree is codified in New York Penal Code Section 176.15. It is a class E felony. There is no minimum period of mandatory incarceration if a person with no prior felony convictions is convicted of a class E (non-violent and non-drug) felony, however, the maximum period of incarceration is an indeterminate sentence of 1 1/3 to 4 years.

Insurance Fraud in the Fifth Degree

Insurance Fraud in the Fifth Degree is codified in New York Penal Code Section 176.10. It is a class A misdemeanor. A person convicted of a class A misdemeanor may be sentenced up to one year in jail.

Aggravated Insurance Fraud

Aggravated Insurance Fraud is codified in New York Penal Code Section 176.35. It is a class D felony. There is no minimum period of mandatory incarceration if a person with no prior felony convictions is convicted of a class D (non-violent and non-drug) felony, however, the maximum period of incarceration is an indeterminate sentence of 2 1/3 to 7 years.

Accusations of any kind of fraud are serious. Feel free to contact John Buza, an experienced lawyer, for a free consultation if you, or a loved one, is accused of this crime.

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