Legal Penalties for Criminal Fraud Under Tennessee Law

Criminal fraud is a serious offense in Tennessee, and the legal penalties can be severe depending on the circumstances of the crime. In this article, we'll explore the various types of fraud, the potential penalties, and considerations impacting sentencing under Tennessee law.

Under Tennessee Code Annotated § 39-14-113, fraud is defined broadly and encompasses a variety of actions aimed at deceiving another party for personal gain. Common forms of criminal fraud include credit card fraud, mortgage fraud, insurance fraud, and wire fraud, among others. Each type of fraud has its specific elements that must be proven in court.

Types of Fraud and Their Legal Classifications

Tennessee law categorizes fraud offenses into different classes, which significantly impact the penalties imposed. Generally, fraud offenses can be classified as:

Class A Misdemeanor: This includes less severe forms of fraud, punishable by up to 11 months and 29 days in jail and/or a fine up to $2,500.
Class E Felony: This classification applies to fraud involving amounts exceeding $1,000. Penalties can range from 1 to 6 years in prison and/or a fine up to $3,000.
Class D Felony: More severe forms of fraud, such as those that result in an economic loss of $10,000 to $60,000 can lead to 2 to 12 years in prison and/or a fine up to $5,000.
Class C Felony: Fraud that results in losses over $60,000 can be charged as a Class C felony, with penalties including 3 to 15 years in prison and/or a fine up to $10,000.

Factors Influencing Sentencing

The court takes numerous factors into consideration when determining the appropriate sentence for fraud offenses in Tennessee. These may include:

The amount of money involved in the fraud.
The offender's prior criminal history.
The impact of the fraud on victims.
Whether the fraud was part of a larger scheme.
Any mitigating or aggravating circumstances.

Additionally, Tennessee has a "Fraudulent Use of a Credit Card" statute which adds another layer to the legal framework surrounding fraud. Under § 39-14-118, offenses related to credit card fraud can lead to penalties ranging from misdemeanor charges to serious felonies based on the monetary amount involved.

Restitution and Civil Liabilities

Alongside criminal penalties, individuals convicted of fraud may also be required to pay restitution to victims as part of their sentence. This can include reimbursement for lost funds or damages incurred due to the fraudulent activity.

Victims of fraud also have the right to pursue civil action against the perpetrator. This can result in additional financial obligations for the offender, including compensatory and possibly punitive damages.

Conclusion

The legal penalties for criminal fraud under Tennessee law can vary significantly based on the nature and extent of the fraudulent activity. Offenders face a range of potential consequences, including jail time, fines, and civil liability. If you or someone you know is facing fraud charges, it is essential to consult with a qualified attorney who can navigate the complexities of Tennessee criminal law and work toward the best possible outcome.