Knoxville Insurance Fraud Defense Lawyers

False or Fraudulent Insurance Claims

If you have been charged with making a false or fraudulent insurance claim in Tennessee, the attorneys at the law offices of Baker Associates will employ powerful defense tactics on your behalf.

Our experience can help you understand the complex legal issues that arise when you have been charged with making a false or fraudulent insurance claim. By investigating the issues involved we can often find weaknesses and inconsistencies in the government's case that help protect your legal rights. As a former prosecutor, Joseph A. Baker has the knowledge and experience necessary to properly defend you if you have been accused of making a false or fraudulent insurance claim.

What is the Crime of "False or Fraudulent Insurance Claims"?

A false or fraudulent insurance claim is the intentional filing of a false or fraudulent claim for the purpose of receiving benefits under an insurance policy. It is also the preparation or subscription to any false or fraudulent documents with the intent that the documents be used in support of a claim. A popular example of a fraudulent insurance claim is where the defendant commits arson in an attempt to reap his or her home insurance benefits.

What is the Punishment for False or Fraudulent Insurance Claims?

The making of a false or fraudulent insurance claim is punishable in the same way as theft in that the punishment varies dependent on the value of the property or service obtained as a result of the false or fraudulent claim. For example, if the property or service is valued at $500, then the crime is classified as a Class A misdemeanor. If the property or service is more than $500, then it is treated as a felony, which carries longer imprisonment terms and fines.

What the State Must Prove.

For you to be found guilty of making a false or fraudulent insurance claim, the state must prove beyond a reasonable doubt the existence of the following elements:

1. That the defendant presented a false or fraudulent claim for the payment of benefits arising out of an insurance contract; and
2. That the defendant presented the claim intentionally.

Alternatively, you may be convicted if the state proves beyond a reasonable doubt,

1. That the defendant prepared, made or subscribed to a false or fraudulent document or writing (such as an affidavit or account); and
2. That the defendant prepared, made or subscribed to the document or writing intentionally.

Protecting the Rights of Our Clients

In order to strengthen your position as one of our clients, white collar crime attorney Joseph A. Baker and his associates have received the most up-to-date training available. By attending numerous seminars and colleges, including the prestigious National Criminal Defense College, each attorney at the Knoxville and Sevierville, Tennessee law offices of Baker Associates will fight to see that your rights are protected in court.

If you have been accused of making a false or fraudulent insurance claim in Tennessee, contact attorney Joseph A Baker and his associates to discuss your case.

To schedule a complimentary evaluation with a criminal defense lawyer at our office serving Pigeon Forge, Knoxville, and Sevierville, complete the form below.

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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
Phone: 865-521-0001

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862
Phone: 865-428-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601