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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The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

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