Criminal defense
Robbery and firearm charges
Norwalk Superior Court
Not-guilty verdict
Criminal defense
Long Beach Fraud Defense Lawyer
Fraud is not one offense. It is a family of them, and which one is charged decides the exposure, the court, and sometimes the country you are allowed to stay in. The consultation is free.
Patrick S. AguirreCriminal defense attorney · Long BeachCallback request
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The charges
What gets filed as fraud in California
The label covers a range of separate statutes. Theft by false pretenses under Penal Code 532, where someone is knowingly deceived into parting with property. Identity theft under Penal Code 530.5, which requires obtaining and using another person’s identifying information for an unlawful purpose. Forgery under Penal Code 470. Insurance fraud under Penal Code 550. Real estate and rent-skimming offenses, welfare and unemployment benefit fraud, credit card offenses under Penal Code 484e through 484j, and grand theft where the object was money or property above $950.
Every one of them requires a specific intent to defraud, and that is the element that decides most defensible cases. A failed business, a loan that was not repaid, an optimistic projection, an application filled out wrongly, or a genuine dispute about what was promised is not fraud. The prosecution has to prove the person knew the representation was false and meant to deceive at the time, which is a state of mind reconstructed from documents years later.
Sources: Penal Code 532 — theft by false pretenses; Penal Code 530.5(a) — identity theft; Penal Code 470 — forgery; Penal Code 550 — insurance fraud; Penal Code 487 — grand theft.
The exposure
What determines how serious it gets
Most California fraud offenses are wobblers, chargeable as felonies or misdemeanors, and the decision turns on the amount, the number of transactions, the sophistication alleged, the number of people affected, and the record. Aggregation matters enormously: a series of small transactions charged as one continuing scheme produces a very different case from the same conduct charged as separate small offenses, and whether aggregation is proper is litigable.
The enhancement to watch is Penal Code 186.11, which applies to two or more related felonies with fraud or embezzlement as a material element, forming a pattern of related felony conduct with losses over $100,000. It adds consecutive prison terms and permits pretrial freezing of assets, which can cost a defendant the ability to pay for a defense before anything is proved.
Sources: Penal Code 186.11(a)(1) — the aggravated white collar crime enhancement, losses over $100,000; Penal Code 1170(h) — felony terms served in county jail; Penal Code 17(b) — reducing a wobbler to a misdemeanor.
Federal
When a fraud case becomes a federal one
A fraud that crossed state lines, used the mail or interstate wires, touched a federally insured bank, or involved a federal programme or benefit can be prosecuted federally. Because nearly every modern transaction uses a wire, the mail and wire fraud statutes reach an enormous range of conduct, and the federal system brings different rules: the Sentencing Guidelines with their loss-amount tables, relevant conduct that can include transactions never charged, and restitution across the whole scheme.
Aggravated identity theft under 18 U.S.C. 1028A carries a mandatory two years consecutive to whatever else is imposed, which makes it the allegation that most often drives a federal fraud negotiation. Federal cases are handled on the federal criminal defense page.
Sources: 18 U.S.C. 1341 — mail fraud; 18 U.S.C. 1343 — wire fraud; 18 U.S.C. 1028A — aggravated identity theft, a mandatory consecutive two years.
The consequences
Beyond the sentence
Fraud is the paradigm crime of moral turpitude. A conviction is a licensing problem for anyone in real estate, insurance, finance, nursing, or law; an employment problem indefinitely; and for a non-citizen it is among the most dangerous categories in immigration law, with a fraud conviction involving a loss over $10,000 treated as an aggravated felony. No non-citizen should resolve a fraud charge without immigration advice on the specific plea and the specific loss amount, because the amount in the plea can matter more than the sentence.
The defense
How fraud cases are defended
Intent first. Documents that show the person’s contemporaneous understanding, communications that show disclosure rather than concealment, professional advice they relied on, and the ordinary evidence that a business failed rather than was a scheme are the substance of a good-faith defense.
Then the numbers. The loss figure is usually assembled by an investigator, an insurer, or a victim with a civil claim, and independent review regularly finds legitimate transactions inside it, double counting, amounts outside the charging period, or conduct by other people. Because the loss drives both the charge level and the enhancement, reducing it is often the single most valuable thing a defense does.
Then the ordinary protections: the legality of the searches that produced the records, the scope of any warrant, statements taken without Miranda warnings, and whether the charging period is within the statute of limitations, which for fraud can run from discovery rather than from the act.
The office
How the Law Offices of Patrick S. Aguirre handles fraud cases
The office has defended fraud and theft cases in Long Beach and across Los Angeles County for nearly three decades. These cases are won or lost in documents, and they frequently begin long before charges, while an agency, an insurer, or an employer is investigating. That pre-filing window is where the most can be done, including presenting the client’s side to the prosecutor before a charging decision is made.
Nothing on this page predicts an outcome. The firm has offices in Long Beach and Downey and speaks Spanish.
Frequently asked questions
Common questions
I did not intend to defraud anyone. Is that a defense?
It is the defense. Every California fraud offense requires a specific intent to defraud, so an honest mistake, a genuine dispute, a business that failed, or a form filled in wrongly without intent to deceive is not fraud. The contemporaneous documents are what prove it, which is why they should be preserved and organised early.
Is fraud a felony in California?
Most fraud offenses are wobblers, which means they can be charged as felonies or misdemeanors depending on the amount, the number of transactions, and the record. Where a pattern of related felonies causes losses over $100,000, Penal Code 186.11 adds a substantial consecutive enhancement.
Will paying the money back end the case?
Not by itself; the charging decision belongs to the prosecutor. Restitution is mandatory on conviction, so a defendant who has made the victim whole has removed the prosecution’s main practical objective, and that can matter to how the case resolves. Arrange any repayment through counsel rather than directly.
The FBI contacted me but I have not been charged. What should I do?
Do not talk to them without a lawyer, and do not destroy or alter anything, which is a separate federal offense. Federal agents interview before charging, and a false or incomplete statement to a federal agent is itself a crime under 18 U.S.C. 1001 even where the underlying conduct was not. Declining politely and calling a lawyer is not evidence of guilt.
Selected case results
Criminal defense results
A selection from 55 documented results
Criminal defense
Serious felony charges
Riverside Superior Court
Not guilty on all charges after three years in custody
Criminal defense
Domestic violence charge
Westminster Superior Court
Charge dismissed at trial
Client experiences
What clients say
★★★★★
“12 counts 2 felony charges DISMISSED … he got him out of jail FAST.”
★★★★★
“I just walked out of court a free man after getting my case dismissed.”
“From the beginning to the end, Patrick and his professional office staff kept us informed on any updates, concluding the case with a dismissal!”
“Best defense attorney in town. … He cares about his clients and takes every case seriously. The staff is friendly and caring.”
Meet your attorney
Law Offices of Patrick S. Aguirre
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
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Talk with our office
Leave your contact information and, if helpful, a short general summary. The office will follow up.
Thank you.
The office received your contact request. If your matter is urgent, call 562-904-4337.