EXPERT FRAUD ATTORNEY IN MADRID
Are you facing fraud charges or have you been a victim? Specialized criminal defense from the very first moment.
What is fraud?
The crime of fraud is one of the most common property crimes within Criminal Law. It can affect both individuals and businesses and, in many cases, involves complex investigations, analysis of financial documentation, and lengthy judicial proceedings.
The crime of fraud is regulated in Article 248 of the Criminal Code and punishes anyone who, «with intent to profit and through deception,» obtains financial benefit causing property damage to another person. The penalty for fraud depends primarily on the amount defrauded and the circumstances of the case.
If you are facing fraud charges or have been a victim of this crime, it is essential to have the advice of a fraud attorney in Madrid specialized in economic and property crimes. As a criminal defense attorney expert in fraud, my approach is to analyze each case in depth to build a solid defense from the very first moment.
Our objective is clear: protect your rights and build the best possible defense strategy from the beginning of the criminal proceedings.
What is fraud?
The crime of fraud is regulated in Article 248 of the Criminal Code and punishes anyone who, with intent to profit and through deception, obtains financial benefit causing property damage to another person.
The penalty for fraud depends primarily on the amount defrauded and the circumstances of the case.
Furthermore, in certain especially serious cases, the penalties for fraud can reach up to 8 years in prison when the fraud exceeds 250,000 euros.
Cybercrime attorney in Madrid: defense and prosecution in internet fraud
Cyberfraud has grown 508% in the last 8 years in Spain
Currently, with the use of internet as a way of life, the number of cyberfraud cases has increased. In Spain, 90% of crimes committed through the internet are fraud. Having grown 508% in the last 8 years.
Cyberfraud is regulated in Article 249 of the Criminal Code and consists of obtaining illicit financial benefit through the use or manipulation of information and communication technologies (ICT), such as computers, networks, or devices.
In cyberfraud, deception is replaced by computer artifice or manipulation.
Characteristics of cyberfraud
- Use of technological means: Crimes are committed through the internet, applications, emails, or digital platforms.
- Deception or manipulation: Fraud or deception is used to obtain data, money, or sensitive information from victims.
- Financial purpose: The objective is to obtain financial benefit at the expense of harming another person or entity.
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Types of fraud and defense strategies
The crime of fraud encompasses multiple modalities. Learn about the main ones and how a specialized criminal defense attorney can help you.
MINOR FRAUD OFFENSE
When the amount defrauded does not exceed 400 euros, the conduct is considered a minor offense and is punished with a fine of 1 to 3 months. Although the criminal consequences are lesser, a conviction can affect criminal records and have consequences in the employment sphere. If you have been summoned for a minor fraud offense, it is advisable to have legal advice from the very first moment.
BASIC FRAUD
When the amount defrauded exceeds 400 euros, the penalty can range between 6 months and 3 years imprisonment. This is the basic type of fraud offense, regulated in article 248 of the Criminal Code. For fraud to exist, three elements must occur: sufficient deception, act of patrimonial disposition, and intent to profit. The absence of any of these elements can serve as the basis for the defense.
AGGRAVATED FRAUD
The penalty can reach up to 6 years imprisonment when aggravating circumstances occur, such as:
- When it affects goods of first necessity or of social utility.
- If committed by abusing relationships of trust.
- When the amount defrauded exceeds 50,000 euros.
- When it affects a large number of people.
In especially serious cases (amount exceeding 250,000 euros), penalties can reach 8 years imprisonment.
FRAUD BETWEEN PARTNERS AND REAL ESTATE FRAUD
In cases of fraud between partners, one of the partners diverts funds, conceals income, or manipulates accounting to the detriment of others. These situations require an exhaustive analysis of corporate documentation and, in many cases, the intervention of accounting experts.
Also common are cases of real estate fraud: sales of properties with hidden liens, collection of deposits for non-existent homes, or fraudulent rental contracts. These proceedings usually require swift action to secure evidence and, when possible, recover the defrauded amounts.
CYBERCRIME FRAUD
- Phishing: identity theft to steal banking or personal data.
- Smishing: variant of phishing that uses text messages to deceive victims.
- Vishing: variant of phishing that uses phone calls to commit fraud.
- Spoofing: impersonation of the phone number or email address of a legitimate entity.
- Ransomware: digital kidnapping where scammers infect a device with a virus that blocks access to files and demand ransom.
- Carding: use of stolen credit card data to make fraudulent online purchases.
As an attorney specialized in cybercrime fraud, I analyze each case with technical-legal rigor to build the best defense strategy.
MONEY MULES
Money mules are people who, knowingly or deceived, provide their accounts for laundering money obtained in fraud schemes. If you have been recruited as a money mule, you can be investigated and convicted for money laundering, even if you didn’t know the origin of the money.
The penalty for money mules can range between 6 months and 6 years imprisonment, depending on your knowledge of the crime. In these cases, a solid technical defense that proves the deception can make the difference between conviction and acquittal.
What to do if you are accused of fraud?
Receiving a court summons or a fraud complaint creates a situation of stress and uncertainty. However, the first steps you take can make a difference in the outcome of the proceedings. As an expert fraud attorney, these are the guidelines I recommend following from the very first moment:
1. Do not testify without an attorney
If the Police or the Court summon you to testify as a suspect, you have the right to remain silent or to testify only in the presence of your attorney. Testifying without legal advice can seriously harm your defense. It is a fundamental right: exercise it. A premature statement can establish a version that is difficult to correct later and condition your entire defense strategy.
2. Gather all relevant documentation
Contracts, emails, messages, bank transfers, invoices, screenshots… Any document that supports your version of the facts is essential. Do not delete or modify anything: the destruction of evidence can aggravate your procedural situation and constitute an additional crime of obstruction of justice.
3. Know your exact procedural situation
Being summoned as a suspect is not the same as having received a criminal complaint. The type of procedure, the phase you are in, and the amount allegedly defrauded determine the possible consequences and available defense options. A criminal defense attorney specializing in fraud can explain exactly where you stand and what to expect from the process.
4. Evaluate all defense options
Depending on the case, the strategy may involve demonstrating the absence of deception, proving lack of intent for profit, negotiating a favorable plea agreement, or seeking dismissal of the case. There are no generic solutions in Criminal Law. Each situation requires an individualized analysis that only a specialized attorney can perform with rigor.
Law firm specialized in fraud offenses
If you are facing fraud charges or need advice after being a victim of this crime, it is important to act from the first moment with a clear legal strategy. At our law firm in Madrid, we analyze each case rigorously to identify possible defense lines or the most appropriate legal actions.
In an initial consultation we can:
- Analyze your legal situation
- Review available documentation
- Assess the risks of the proceedings
- Design a customized defense strategy
If you are looking for a criminal defense attorney in Madrid specialized in fraud crimes, you can contact our law firm.
Do you need a criminal defense attorney in Madrid for a fraud offense?
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