What are the penalties for insurance fraud in Ohio?

Penalties for insurance fraud vary by the amount involved. It can range from a first-degree misdemeanor to a third-degree felony, potentially resulting in prison time, heavy fines, and restitution.

How can a lawyer defend against an insurance fraud charge?

A defense attorney can argue lack of fraudulent intent, mistake of fact, challenge the prosecution's evidence, or demonstrate that the claim was legitimate and misunderstood by the insurance company.

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What Do I Do If I Am Charged With Insurance Fraud?

If you are charged with insurance fraud, immediately invoke your right to remain silent and request a lawyer. Do not answer questions, provide statements, or discuss the case with anyone other than your attorney—including family, friends, or on social media.

The immediate steps to protect your freedom and legal rights include the following:

1. Exercise Your Right to Remain Silent

Say nothing: Explicitly tell law enforcement, "I want to speak to a lawyer and I am invoking my right to remain silent."
No explanations: Do not attempt to "clear things up" or tell your side of the story without an attorney present. Innocent remarks can be manipulated and used against you.
No recorded calls: Be aware that all calls from jail (except those to your attorney) are recorded. Do not discuss the facts of your case over jail phones, text messages, or letters.

2. Secure Legal Representation

Get a criminal defense lawyer: Hire an experienced criminal defense attorney, ideally one who specializes in white-collar crimes and has extensive trial experience.
Use a Public Defender: If you cannot afford a private lawyer, the court will appoint a public defender to ensure your rights are represented.
Be transparent with your lawyer: Your conversations with your lawyer are protected by attorney-client privilege. Tell them every detail and fact you know so they can build an effective defense.

3. Gather Your Documentation

Preserve records: Preserve all relevant documents, emails, policies, and communications related to your insurance claims.
Organize evidence: Provide these only to your attorney so they can trace the paper trail and build a strong defense. Do not alter or destroy any documents.

4. Locate Local Legal Support

If you are located in or near Franklin, Ohio, you fall under the jurisdiction of the Warren, Montgomery, or Butler County legal systems. To protect your life and freedom, you need highly-rated local criminal defense attorneys who understand the local courts.

The Law Office of David A. Chicarelli Co., LPA brings unparalleled authority to the courtroom. Our firm has extensive public service experience, including serving as a Judge and Magistrate in the Warren County Court, and serving as Law Director and Prosecutor for the City of Carlisle. We have evaluated cases from the judge's bench and prosecuted them on behalf of the state—we know exactly how the state builds its case against you.