There are many different situations in which a person could find themselves making an insurance claim. When making such claims, being honest is critical. Lying in relation to an insurance claim could lead to person being accused of insurance fraud, a criminal offense.
Whether being charged at the misdemeanor level or the felony level, when a person is facing charges of insurance fraud here in Wisconsin, it can be very important for them to consult with an experienced defense attorney about their rights, what could be at stake for them and what avenues they could take regarding their defense.
What is the difference between misdemeanor-level insurance fraud and felony-level insurance fraud here in Wisconsin?
Misdemeanor-level insurance fraud, a Class A misdemeanor, covers insurance fraud involving insurance claims of $2.500 and under. Felony-level insurance fraud, a Class I felony, covers insurance fraud involving insurance claims of over $2,500. The felony-level charge can expose a person to higher penalties than the misdemeanor-level charge, upon conviction.
As a note, when it comes to the claim amount used for determining whether an insurance claim crossed the above-mentioned $2,500 threshold, it is not just the portion of the claim the fraud affected that is counted, but rather the amount of the entirety of the claim.
So a person could end up facing felony-level insurance fraud charges even if the fraud they are alleged to committed only would have touched on a small portion of the insurance claim they made, as long as the claim in its entirety was sufficiently large.
Source: FindLaw, "Wisconsin Insurance Fraud Laws," Accessed March 21, 2016