Description

Auto Insurance Fraud is to willfully injure, destroy, secret, abandon or dispose of any property which at the time is insured against loss or damage by theft, or Embezzlement with intent to defraud or prejudice the insurer.

What does the prosecutor have to prove?

1. Defendant willfully injured, destroyed, secreted, abandoned, or disposed of property.
2. Said property was insured against loss or damage by theft, embezzlement or any casualty.
3. Defendant acted with intent to defraud or prejudice the insurer, whether the property was the property of, or in the possession of, the insurer or another person.

Punishment

Felony: 2years/3years/5/years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No