Fraud Attorney in Martinsburg

Protecting Your Future When Accused of Fraud

When you face suspicion for fraud in Martinsburg, the stakes are high, and the uncertainty can be overwhelming. Whether you are facing charges of wire fraud, embezzlement, insurance fraud, or another white-collar offense, you need trusted representation from a fraud attorney in Martinsburg that understands what you are up against. 

At The Criminal Law Center, our attorneys focus exclusively on criminal defense and bring more than 65 years of combined experience to every case. Decades of trial and appeals experience, a collaborative team, and a strong track record let you move forward with confidence.

If you are under investigation, contact the Criminal Law Center to speak with a dedicated fraud attorney in Martinsburg. Call us at (304) 262-9300 or contact us online for a confidential consultation—We are available 24/7

Understanding Fraud Laws in West Virginia

West Virginia law covers a wide spectrum of deceptive behaviors under the umbrella of fraud. The primary statute, W. Va. Code § 61-3-24, prohibits obtaining money, goods, property, or services by "false pretense, token, or representation" with the intent to defraud. As your Martinsburg fraud lawyer, we often see cases where a simple contractual dispute is wrongly escalated into a criminal matter by aggressive investigators.

The law distinguishes between various types of fraudulent activity, including:

• Fraudulent Schemes: Under W. Va. Code § 61-3-24d, any person who willfully deprives another of property or services by means of fraudulent pretenses or promises is guilty of a "fraudulent scheme." This is often used for multi-layered allegations involving multiple victims or ongoing conduct.
• Computer Fraud: With the rise of digital commerce, W. Va. Code § 61-3C-4 targets those who use computers or networks to execute a scheme to defraud.
• Insurance and Workers' Compensation Fraud: Specific statutes target misrepresentations made to obtain insurance benefits or avoid paying workers' compensation premiums.
• Credit Card and Access Device Fraud: This involves the unauthorized use of financial instruments to obtain value.

A key distinction in West Virginia law is the valuation of the property involved. If the value of the property or services obtained is $1,000 or more, the crime is classified as a felony. If the value is less than $1,000, it is typically charged as a misdemeanor. 

However, under the "Fraudulent Schemes" statute, the state can aggregate (add together) the value of multiple acts to reach the felony threshold, making it essential to have a fraud attorney in Martinsburg who can challenge the valuation and accounting methods used by the prosecution.

Penalties and Collateral Consequences of Fraud Convictions in WV

The consequences of a fraud conviction in West Virginia extend far beyond the walls of a jail cell. Because our firm has 65 years of combined legal experience, we have seen the devastating ripple effects these charges have on a person's life.

• Incarceration: For felony fraud (over $1,000), you face 1 to 10 years in a state correctional facility. Even a misdemeanor conviction can result in up to a year in the regional jail.
• Restitution: Courts almost always order the defendant to pay back the full amount of the alleged loss. This can result in lifelong wage garnishment and the seizure of assets.
• Fines: Felony convictions often carry significant fines, sometimes reaching $2,500 or more per count.

Collateral Consequences:

• Professional Licensing: If you are a nurse, teacher, accountant, or hold a CDL, a fraud conviction is often grounds for immediate license revocation.
• Employment: Most employers will not hire individuals with "crimes of dishonesty" on their record, as it creates a perceived liability.
• Firearm Rights: A felony fraud conviction results in the permanent loss of your right to possess a firearm under federal and state law.
• Housing: Many landlords perform criminal background checks and may deny applications based on fraud records.

Our Comprehensive Approach to Fraud Defense

The Criminal Law Center employs a rigorous, investigative approach to every fraud case. We do not take the government's evidence at face value.

• Forensic Accounting: We often work with financial experts to re-trace the "paper trail." Many times, what the state calls "fraud" is actually a complex series of legitimate business transactions that the police simply do not understand.
• Challenging Intent: We build a narrative that demonstrates a lack of criminal intent. If you acted in good faith or based on the advice of others, you are not a criminal.
• Digital Forensics: In computer fraud cases, we examine metadata and IP logs to determine if the alleged activity can actually be traced to you.
• Negotiating Civil Compromise: In some instances, we can negotiate a "civil compromise" where the alleged victim is made whole in exchange for the prosecution dropping the criminal charges.

What Sets Our Fraud Defense Apart

Not every firm approaches fraud defense with the same level of commitment or strategy. The Criminal Law Center is the only firm in Martinsburg devoted solely to criminal defense. That exclusive focus gives us a thorough understanding of fraud statutes, legal trends, and courtroom dynamics. 

Our four defense attorneys, assisted by investigators and forensic analysts, ensure that every case benefits from a team—not just one lawyer.

Our defense work goes beyond Martinsburg. We have experience handling cases in both state and federal courts, including arguments before the U.S. Supreme Court. Our achievements are reflected in industry awards and recognition for our unwavering commitment to clients.

Key benefits of our collaborative approach include:

• Multiple expert opinions on complex evidence or strategy
• Access to in-house investigators and forensic resources
• Thorough preparation for negotiation and trial advocacy

Our reputation for layered analysis, robust investigation, and comprehensive preparation means no detail is overlooked in your fraud case.

We are available 24/7 to start building your defense. Call (304) 262-9300 or reach out online today to schedule a consultation with a seasoned fraud attorney in Martinsburg and take the first step toward reclaiming your life.