Felony Insurance Code section 556(a)(1) “Presenting Fraudulent Claim” Offense Reduced from a Felony to a Misdemeanor!

In 1984 our client was convicted of violating Insurance Code section 556(a)(1), “Presenting Fraudulent Claim” during his employment with an insurance company. Our client was sentenced to 36 months of formal probation, ordered to pay a fine of $1000 plus penalty assessments, and ordered to pay victim restitution to the insurance company in the amount of $4,160.84.

Prior to hiring our office, our client had attempted to obtain a reduction of the charge and a dismissal in 2004 but his request was denied by the court.

Our office reviewed the case history and decided to file a Penal Code section 17(b) motion to reduce the felony offense to a misdemeanor and a motion to dismiss the charges per Penal Code section 1203.4. As exhibits to our motion, we submitted proof of our client’s employment, his volunteer work with at-risk youth, and his former military history at West Point Academy and in the United States Army.

At the hearing on the motion, the prosecution submitted to our request. Given the age of the case and the equities in our client’s favor, despite the $4,160.84 restitution still outstanding, the court granted the motions.

This is a great result for our client and will positively impact his criminal history and any future employment prospects.


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