If you are facing felony fraud charges in New Jersey, the importance of a robust defense strategy cannot be overstated. Fraud is a serious offense that carries harsh penalties. Please continue reading to explore the potential defenses you can raise and how connecting with an experienced Bergen County Criminal Defense Attorney can help prevent a future burdened by imprisonment, overwhelming fines, and a criminal record.
What Defenses Can Be Raised Against Felony Fraud Charges in NJ?
Depending on the unique facts of your case, you may have a defense available. For instance, if it can be demonstrated that law enforcement officials coerced or pressured a defendant into committing fraud, the defense of entrapment may be applicable. Essentially, entrapment occurs when a person is forced to act against their will due to undue influence or from external sources.
Generally, fraud crimes have the required element of proving intent. The prosecution is responsible for proving that your actions were intended to mislead or deceive a person or entity, or that you intended to engage in a defraud scheme regardless of whether it occurred or anyone experienced losses as a result of alleged fraudulent intent. If you had no knowledge of the crime or lacked intent, your actions cannot be construed to be fraudulent.
Keep in mind that even if the prosecution can prove that you intentionally engaged in an act designed to defraud., you may be able to raise the defense of duress. However, this defense can only be raised if you were compelled to engage in a fraudulent activity. A third party must have placed you under unlawful pressure to commit the unlawful act, such as threatening your physical well-being or safety or threatening the safety or well-being of another party.
Can Filing a Motion to Suppress Evidence Help My Case?
In some fraud cases, you may be able to assert the defense of a Constitutional violation. The prosecution’s case will be built on evidence that was obtained by law enforcement. If you believe the evidence against you was obtained illegally through an unreasonable search and seizure, your attorney can file a motion to suppress it. This would prevent it from being admissible in court, which can weaken the prosecution’s case, potentially leading to reduced or dismissed charges.
If you have been charged with felony fraud in New Jersey, it’s in your best interest to enlist the help of a skilled criminal defense attorney who can help you understand the charges against you and develop a defense strategy. Connect with our legal team today to learn more about what we can do for you.
