Facing a Fraud Charge in South Florida? Understand the Possible Penalties Before You Respond

Short Answer: Fraud Penalties in Florida Depend on the Facts and the Charge

Florida fraud penalties depend on the statute charged, the degree of the offense, the amount of money or property involved, the defendant’s prior record, and applicable law. No single penalty fits every fraud case. This page explains the main pieces so you can read a charge or court order with clearer questions.

If you’re reading this because of a charge, an investigation, or a case involving someone you care about, you may be worried about jail, money, or your career. That worry makes sense. This page is general information, not legal advice. No penalty is certain for any particular person. For a broader view, see Miami white collar crime defense.

What Counts as Fraud Under Florida Law

Fraud in Florida is a group of offenses, not one crime. The core idea in the main fraud statute is the “scheme to defraud.” Under Fla. Stat. § 817.034, a scheme to defraud is a systematic, ongoing course of conduct. It must carry intent to defraud, or intent to obtain property through false or fraudulent pretenses, representations, endorsements of nonconsenting parties, or promises or willful misrepresentations of a future act.

Organized fraud applies when a person runs a scheme to defraud and obtains property through it. Communications fraud applies when a person, in furtherance of that scheme, communicates with someone to obtain property. Each such communication can be charged separately.

The statute also provides for a higher penalty class when the victim is 65 or older, a minor, or a person with a mental or physical disability. Whether that applies depends on the facts.

Other fraud offenses in Chapter 817 have their own elements and penalties. Read the exact statute named in your charge.

How Florida Classifies Fraud: Degrees and Felony or Misdemeanor Status

Some fraud offenses are felonies. Others are misdemeanors. The category depends on the statute, the value involved, and the facts. Felonies are sorted into degrees, and misdemeanors into first and second degree.

As the statute reads, organized fraud is a first-degree felony when the property obtained is worth $50,000 or more. Communications fraud is a third-degree felony when the property obtained or sought is worth $300 or more. Check the current statute before relying on these thresholds.

For example, the Criminal Punishment Code worksheet is used to compute a defendant’s total sentence points.

For an overview, see statute of limitations for white collar crimes.

Is fraud a felony in Florida?

Some fraud offenses are felonies and some are misdemeanors. The degree depends on the statute charged, the value involved, and the facts.

Possible Jail, Prison, and Probation Terms for Fraud Convictions

No reliable average sentence applies to every fraud case, so this page gives none. A sentence depends on the charge, its degree, the facts, the defendant’s record, and the court’s authority within statutory limits.

Penalties vary by degree. Prison and scoring rules generally apply only to felony cases.

For felonies, scoring can affect the lowest permissible sentence.

Probation terms are set by the court. Under Fla. Stat. § 948.03, a probation order may require you to live without violating any law. A conviction is not needed for a violation of law to count as a probation violation. Read your own order closely. The statute also says that when adjudication is withheld, or incarceration is a probation condition, that period may not exceed 364 days.

What is the average jail time for fraud?

This page gives no average, because sentences depend on the charge, the degree, and the facts. Your charging papers and court order control your case.

Fines, Restitution, and Court Costs in Fraud Cases

Fines, restitution, and court costs are separate. More than one can apply in the same case. The amount in your case depends on the facts and applicable law.

Under Fla. Stat. § 775.083, fine caps depend on the degree. A fine can also go higher, up to double the offender’s gain or the victim’s loss. The same section sets court costs at $50 for a felony and $20 for other offenses. Those amounts also depend on the case.

Restitution works differently. Under Fla. Stat. § 775.089, the court must order restitution for damage or loss caused directly or indirectly by the offense, or related to the criminal episode, unless it finds clear and compelling reasons not to. A restitution order in a plea agreement is as binding as any other. The statute also says restitution is not subject to discharge in bankruptcy. A conviction can also limit your ability to deny key facts in a later civil case.

How much is the fine for fraud in Florida?

The amount in your case depends on the facts and applicable law.

Collateral Consequences Beyond the Sentence

Collateral consequences are effects beyond the sentence. Each one depends on the facts and applicable law. Whether any of these apply depends on the case.

Licensed professionals regulated under chapter 456 face separate rules. Under Fla. Stat. § 456.072, making fraudulent or misleading representations in or related to the practice of the licensee’s profession is a ground for discipline. For fraud-based violations, the statute sets a fine of $10,000 per count. It also provides for assessing investigation and prosecution costs. Whether a board acts, and how, depends on the facts and applicable law.

Non-citizens should know that a conviction may carry immigration consequences under federal law. Those depend on the offense, the facts, and federal law. Do not rely on this page alone for that question. A conviction may also affect other rights, such as firearm rights, depending on the facts.

What Evidence an Investigation May Gather in a Fraud Case

For organized fraud, that includes a scheme to defraud and property obtained through it. For communications fraud, the focus is on each communication and the intent behind it. The elements come from the exact statute, so check its text.

An investigation may gather financial records, bank statements, contracts, invoices, emails, text messages, and witness statements. Which records matter depends on the facts. No fixed list applies to every case.

The state’s burden of proof and the strength of the evidence depend on each case. If you’re facing an investigation before any charge, see white collar investigations before charges.

Sealing and Expunging a Fraud Record in Florida

Sealing and expunction are separate processes. Each has its own eligibility rules. Under Fla. Stat. § 943.0585, a person may petition to expunge a record only if the statute’s conditions are met. Those conditions include how the case ended, such as a dismissal, a nolle prosequi, an acquittal, or no charging document filed. They also include that the person has never been adjudicated guilty in Florida of a criminal offense, subject to the statute’s exceptions.

Under Fla. Stat. § 943.059, sealing has its own conditions.

Eligibility depends on the offense, the outcome, the prior record, and applicable law. A record may qualify in some cases and not in others. Read the full statute, because summaries leave out conditions. To learn more, see sealing and expunging white collar records.

Can a Florida fraud conviction be sealed or expunged?

It depends. Eligibility turns on how the case ended, the prior record, and the statute’s full conditions. Under Fla. Stat. § 943.059, a person is eligible to petition a court to seal a criminal history record when, among other listed conditions, the person has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal pertains.

Talk With Patrick David Wilson About Your Fraud Situation

If you’re working through a fraud charge, an investigation, or a possible conviction, you may be doing it while worried about a family member, a business, or your license. You don’t have to sort through the penalties alone.

Patrick David Wilson is the responsible lawyer at Patrick Wilson Law, PLLC, a Miami criminal defense practice serving South Florida. The practice has support staff. Patrick David Wilson is the lawyer responsible for this page.

To talk through your situation, request a free, confidential initial consultation, with no obligation to continue, through the contact page. You can also call 786-761-1719 or leave a message.