Utah Communication Fraud Attorney

In Utah, being charged with communication fraud can have serious consequences. Not only can it be charged as a felony, where you could face jail time with hefty fines, but you could have a record that follows you for life. A record that would make it extremely difficult to obtain a job. At Weber Law we recognize that you may be scared and nervous about what is coming next. You may even be angry that you have been falsely accused of a crime you did not commit.

What is the Statute? 

Under Utah Code § 76-10-1801, any person who devises a scheme to defraud another or to obtain money, property, or anything of value from a person by means of false or fraudulent pretenses, representations, promises, or material omissions, and who communicates directly or indirectly with any person by any means for the purpose of executing or concealing the scheme or artifice is guilty of communications fraud.

This means that if you try to trick or not disclose all the details to someone in order to receive anything of value from them, you are guilty of communications fraud. Using language, or not using language, that does not paint the full picture for the purchaser. 

What is the Punishment?

The punishment for communications fraud in Utah varies, depending on the value of the property, money, or thing that was obtained in a fraudulent way. The classifications are as follows:

• (a) Class B misdemeanor when the value of the property, money, or thing obtained or sought to be obtained is less than $500;
• (b) Class A misdemeanor when the value of the property, money, or thing obtained or sought to be obtained is or exceeds $500 but is less than $1,500;
• (c)  Third degree felony when the value of the property, money, or thing obtained or sought to be obtained is or exceeds $1,500 but is less than $5,000;
• (d) Second degree felony when the value of the property, money, or thing obtained or sought to be obtained is or exceeds $5,000; and
• (e)  Second degree felony when the object or purpose of the scheme or artifice to defraud is the obtaining of sensitive personal identifying information, regardless of the value.

A third-degree felony is punishable by up to five years imprisonment and a fine of up to $5,000.00. 

A second-degree felony is punishable by one to fifteen years imprisonment, and up to a $10,000 fine.

A class A misdemeanor is punishable by up to one-year imprisonment and a fine of up to $1,000.00.

A class B misdemeanor is punishable by up to six months in jail and a fine of up to $1,000.00.

How Can You Fight It?

If you have been cited for communications fraud in the state of Utah, there are a few ways Weber Law can fight for you. Whether a misdemeanor or a felony, having any criminal charge on your record can give you issues throughout your life. There are many defenses for communication fraud, including but not limited to, having the person misunderstand you, or even misunderstanding the product you were selling to begin with.

Let Weber Law help you by negotiating to lower the charge to a lesser crime, reducing your fine amount, making sure you don’t lose your job, making sure you don’t have a record, reducing your jail time, or defending you at trial, Weber Law will work for you every step of the way. By looking at potential evidence, such as your prior criminal record, employment records, interpretations of the statute, and character witness testimony, Weber Law will make sure to be familiar with all aspects of your case. At Weber Law we are experienced in defending these charges, winning these cases, and getting you back out in the world to live your life free of criminal charges. It is never a good idea to fight criminal charges without an experienced attorney. The court room can be intimidating, and Weber Law wants to help you navigate the legal system. You want to be confident in your defense and your attorney, and Weber Law is here for you.  If you or anyone you know has been cited for communication fraud in the state of Utah, call Weber Law today for a consultation. 

• Utah Code § 76-10-1801, Communications fraud – elements — penalties
• Utah Code § 76-3-204, misdemeanor conviction – term of imprisonment
• Utah Code § 76-3-203, Felony conviction—indeterminate term of imprisonment
• Utah Code § 76-3-301, fines of individuals