Strategies for Defending Against Fraud Charges in New York

If you are facing fraud charges in New York, you may feel overwhelmed and uncertain about what lies ahead. Being accused of fraud can bring feelings of fear, confusion, and worry, but it is important to know that you are not alone. Understanding the legal process and having a dedicated criminal defense lawyer by your side can make all the difference in your case. Fraud charges are serious, and the consequences of a conviction can be life-altering. However, with the right defense strategy, it is possible to navigate the challenges of your case and work towards a successful resolution. At, Arthur L. Pressman, Attorney at Law , we are here to guide you through the legal process and help you navigate the complexities of your case.

Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.

Understanding Fraud Charges in New York

Fraud involves intentionally deceiving someone for financial or personal gain. In New York, fraud charges can encompass a wide range of activities, including credit card fraud, identity theft, insurance fraud, and investment fraud. Each type of fraud has its unique elements and penalties, but all require the prosecution to prove that the accused acted with intent to defraud.

The seriousness of fraud charges can vary based on the value of the property or funds involved, the method of fraud, and whether the alleged acts were part of a larger scheme. Depending on these factors, fraud can be classified as either a misdemeanor or a felony, with felony charges carrying more severe penalties, including significant prison time and hefty fines.

Initial Steps When Accused of Fraud

If you have been accused of fraud, your first step should be to remain calm and seek legal counsel immediately. Speaking to law enforcement or investigators without legal representation can put your case at risk, as anything you say may be used against you. A criminal defense lawyer can guide you through the initial stages of your case, including handling interviews and gathering crucial evidence.

Preserving any relevant documents, emails, or communications can also be vital to your defense. These materials may help establish your intentions or show that the accusations against you are unfounded. Early preparation and a proactive approach can be key to building a strong defense.

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Challenging the Prosecution’s Case

Fraud cases often rely heavily on evidence of intent. The prosecution must prove that you knowingly and intentionally deceived another party to achieve a financial or personal gain. Challenging the evidence of intent is one of the most effective strategies for defending against fraud charges. For example, your lawyer may argue that your actions were based on a misunderstanding or a lack of knowledge rather than fraudulent intent.

Another strategy involves questioning the credibility and reliability of the prosecution’s witnesses. If key witnesses have a history of dishonesty or a motive to fabricate their testimony, their credibility can be called into question. Undermining the prosecution’s evidence can weaken their case and create reasonable doubt about your guilt.

Presenting Evidence of Good Faith

In some cases, demonstrating good faith can be a powerful defense against fraud charges. If you can show that you acted with honest intentions and believed your actions were lawful, it may be difficult for the prosecution to prove otherwise. For example, if you were accused of investment fraud, providing evidence of transparency and efforts to comply with regulatory requirements could support your defense.

Good faith defenses often require thorough documentation and credible testimony. Your lawyer can work with you to gather and present evidence that supports your version of events.

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Arguing Lack of Evidence

The burden of proof in a criminal case rests on the prosecution, and they must establish your guilt beyond a reasonable doubt. If the evidence against you is weak, inconsistent, or insufficient, your lawyer may argue that the case fails to meet this standard. For example, if key evidence is missing or was obtained unlawfully, it may be excluded from the case.

In some situations, your lawyer may file pretrial motions to suppress evidence or dismiss charges based on procedural violations. These motions can play a critical role in shaping the outcome of your case.

Building a Comprehensive Defense Strategy

Every fraud case is unique, and a tailored defense strategy is essential for achieving the best possible outcome. A comprehensive defense may involve multiple approaches, such as negotiating with prosecutors for reduced charges, exploring alternative sentencing options, or preparing for trial.

Your lawyer’s role is to analyze the specifics of your case, identify weaknesses in the prosecution’s case, and advocate for your rights at every stage of the legal process. Open communication and a strong attorney-client relationship are key to developing a defense strategy that aligns with your goals.

Case Results

Not Guilty

DWI & Multiple Traffic Tickets

Breathalyzer Test Flawed

Canadian resident DWI got reduced charge

Drug Felony Dismissed

Teenager in possession of prescription drugs

Accusation Found Insufficient

UB Student charged with Shoplifting

Minimal Points & Fine

8 Point/36MPH over speed limit charge reduced

$2,000,000

Collision with Commercial Vehicle

Charges Dismissed

UB Student Charged with Drug Possession 

License Restored

Lockport DWI

Speeding Ticket Dismissed

45MPH over limit in Buffalo

Delayed Dismissal

College Student Criminal Mischief Charge

The Importance of Legal Representation

Navigating fraud charges without legal representation can be overwhelming and risky. A criminal defense lawyer understands the complexities of New York’s fraud laws and can help you make informed decisions about your case. From negotiating with prosecutors to presenting a compelling defense in court, having an advocate by your side can provide the support and guidance you need during this challenging time.

Taking the Next Steps

If you are facing fraud charges in New York, now is the time to take action. The decisions you make early in your case can significantly impact the outcome, and having a skilled criminal defense lawyer on your side can give you the confidence to move forward.

A strong defense starts with a thorough review of the evidence and a clear understanding of your legal options. Working with a lawyer allows you to create a defense plan tailored to the specific facts of your case. This personalized approach can lead to reduced charges, alternative sentencing options, or even case dismissal. Taking control of your situation begins with seeking guidance from a knowledgeable legal advocate.

Do not wait to address your fraud charges. Time is a critical factor in building an effective defense, and delays can limit the opportunities available to you. Your defense attorney can assess the strength of the prosecution’s case, help you understand your rights, and advise you on the best course of action. Acting swiftly ensures you have the best chance of reaching a favorable outcome.

At Arthur L. Pressman, Attorney at Law, we are committed to helping clients navigate the complexities of fraud cases with compassion and dedication. If you need legal representation, we are here to provide the guidance and advocacy you deserve. Contact us today to discuss your case and begin building a strong defense.

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