Fraud Attorney in Naples

Your Trusted Defense & Support for Fraud Charges in Naples

At the Law Offices of Cavanaugh & Cavanaugh, P.A., we understand the impact fraud charges have on your life and future. Our team brings over 50 years of combined experience to every case, offering clear guidance, personal attention, and practical strategies tailored to your situation.

Fraud cases demand prompt attention in Collier County courts, where the outcome often depends on early preparation and thorough communication with your legal team. Choosing legal guidance from a local firm like ours means you benefit from our in-depth knowledge of area court processes, the local judiciary, and realistic timelines.

Contact an experienced fraud attorney in Naples immediately. Bilingual services and free consultations are available. Call (239) 309-2006 or reach out online for your assessment.

Understanding Florida Fraud Laws

Florida law is expansive when defining fraud, allowing prosecutors to pursue felony charges for nearly any act of deception committed for financial gain. The severity of the charge is directly linked to the value of the property or services illegally obtained.

The Primary Types of Criminal Fraud

As your dedicated Naples fraud defense lawyer, we defend against a broad range of fraud statutes, including:

• Organized Fraud (Florida Statute § 817.034(4)(a)): This is the most severe charge, defined as engaging in a systematic, ongoing course of conduct with the intent to defraud one or more persons and obtaining property thereby. The penalties are tied to the aggregate value of the property obtained.
• Communications Fraud (Florida Statute § 817.034(4)(b)): This charge targets schemes to defraud carried out through communication, such as mail, wire, radio, or electronic systems.
• Specific Fraud Offenses: This chapter also includes numerous specific felonies, such as:
  • Mortgage Fraud (F.S. 817.545)
  • Criminal Use of Personal Identification Information (F.S. 817.568)
  • Exploitation of an Elderly Person (F.S. 817.5695), which reclassifies offenses to a higher degree if the victim is 65 or older.
  • False and Fraudulent Insurance Claims (F.S. 817.234)

The specific statute used determines the elements the State must prove, making a detailed legal analysis by your fraud attorney in Naples critical.

Key Elements the Prosecution Must Prove

The essential element in almost every fraud case is intent to deceive. If the prosecution fails to prove that you acted with specific criminal intent, the charges cannot stand. We focus our defense on dismantling this complex mental element.

For a conviction of Organized Fraud, the prosecution must prove:

• Scheme to Defraud: A systematic, ongoing course of conduct intended to deceive one or more people.
• Intent to Obtain Property: The accused must have acted with the specific intent to obtain property from the victim(s).
• Obtaining Property: The accused must have successfully obtained the property as a result of the scheme.
• Value of Property: The aggregate value of the property obtained is used to grade the offense (misdemeanor to felony of the first degree).

As your Naples fraud defense lawyer, we challenge the State's assumption that every misstatement or omission was an intentional act of deception. We argue that mistakes, errors in judgment, or negligence are not the same as criminal intent.

Penalties and Collateral Consequences of a Fraud Conviction in Florida

The penalties for fraud in Florida are directly correlated to the amount of money or property involved, leading quickly to high-level felonies.

Direct Penalties (Organized Fraud Examples)

• $50,000 or more: Felony of the first degree — up to 30 years in prison and up to a $10,000 fine.
• $20,000 to $49,999: Felony of the second degree — up to 15 years in prison and up to a $10,000 fine.
• Less than $20,000: Felony of the third degree — up to 5 years in prison and up to a $5,000 fine.

Collateral Consequences

Beyond incarceration, a fraud conviction carries severe long-term impacts:

• Restitution: Courts nearly always mandate that the full amount of financial loss be paid back to the victim(s).
• Professional Licensing: Convictions for crimes of dishonesty, especially felonies, often result in the revocation or denial of professional licenses (e.g., real estate, financial services, law, accounting).
• Immigration Consequences: Fraud is often classified as a Crime Involving Moral Turpitude (CIMT), which can lead to deportation for non-citizens.
• Reputation and Employment: A fraud felony conviction makes passing background checks for housing, loans, and employment exceptionally difficult.

Our Comprehensive Approach to Fraud Defense

Defense against fraud requires a team that is comfortable working in a technical, documentary environment. At the Law Offices of Cavanaugh & Cavanaugh, P.A., we combine legal knowledge with meticulous investigation to provide a complete defense.

The key to our approach is our commitment to clear communication and transparency. We ensure that all clients, regardless of their native language, fully understand the complex charges and the steps being taken in their defense.

Strategies we employ as your Naples fraud defense lawyer include:

• Good Faith Defense: Arguing that you genuinely believed your statements were true or that you had a right to the property in question, negating the element of intent to defraud.
• Mistake of Fact: Proving that the actions were based on a factual error, not criminal deception.
• Challenging the Loss Amount: Aggressively contesting the prosecution’s calculation of the monetary value of the alleged fraud to reduce the grade of the felony (e.g., from first-degree to third-degree).
• Constitutional Defenses: Challenging the search and seizure of financial records or electronic devices used to prove the fraud scheme.

What to Expect During a Fraud Case in Collier County

Every fraud allegation brings its own legal procedures and potential penalties. Thorough preparation, clear information, and steady support from your fraud attorney in Naples help you understand these steps:

• Investigation & charging: Law enforcement and prosecutors investigate suspected fraud and decide if charges should be filed. This step often involves evidence gathering, interviews, and official paperwork.
• Court processes & timelines: Naples-area courts follow specific steps from arraignment through resolution. The process may include hearings, discovery, and opportunities for negotiations with prosecutors.
• Local nuances: Collier County handles fraud cases with procedures that can differ from other regions. Knowing local expectations and timelines can help you navigate the process with greater confidence.
• Penalties for fraud in Florida can include probation, fines, and incarceration, depending on the charges and your prior history.

When you face fraud charges, you should prepare for each stage by collecting relevant documents, identifying possible witnesses, and taking note of important case details. Collier County judges consider both evidence and surrounding circumstances, making local guidance valuable. 

Dockets and schedules may also vary between Florida courthouses, so working with a Naples fraud lawyer who anticipates these practical differences can keep your matter moving and reduce unexpected setbacks. Our clients benefit from a transparent, informed process where their rights and interests come first.

Why Clients Choose Our Naples Fraud Lawyer Services

Individuals turn to Law Offices of Cavanaugh & Cavanaugh, P.A. for fraud defense in Naples because we know the Southwest Florida legal landscape and focus on consistent, clear communication. Every person deserves a team familiar with white-collar crime procedures, and we stand out by keeping open channels with our clients.

Each case is different, and we take the time to understand your background and concerns. By listening closely, we create legal strategies that address your goals and priorities directly. As a firm familiar with Collier County judges and court staff, we anticipate legal obstacles, guide you through requirements, and ensure that you always feel heard and respected throughout your legal process.

Our criminal defense team draws from decades of experience and a commitment to client-focused service. We keep you updated as your case develops, so you never feel left in the dark. We believe strong support and active listening are essential to helping you move forward during a challenging time.

Take the Next Step—Contact Your Naples Fraud Lawyer

If you are accused of fraud or under investigation in Naples, you do not have to navigate this process alone. Reach out to the Law Offices of Cavanaugh & Cavanaugh, P.A. to schedule a confidential, no-pressure conversation about your circumstances. 

When you contact us, you receive clear answers and a personalized approach focused on protecting your rights, your future, and your peace of mind. Our commitment to open communication, attentive listening, and practical guidance helps you move forward with confidence. 

Call (239) 309-2006 or reach out online to start the conversation and see how we can help you take control of your legal journey.

Frequently Asked Questions