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As we’ve spoken about in previous posts, navigating the letter of the law in California’s penal code can often feel like a daunting task. Climbing the veritable mountain of legalese that’s involved can at best be uber complicated and at worst be downright convoluted. But just because this can be the case doesn’t mean it has to be. In fact, if you take the letter of the law and break it down into easy to digest parts, all while teasing out the actual meaning without all of the tricky legal lingo, it can be easy to not only figure out how the law works but also to start using it in your favor. So in this post we’re going to explore some definitions, punishment, and legal defense options that you have at your disposal when it comes to the crime of fraudulent conveyance. Let’s first get started with some definitions.
Definitions of Fraudulent Conveyance
As we’ve seen in the past, there are certain elements in place when it comes to crimes under California’s penal code. In order to be guilty of a charge, you have to have committed every part of the crime. So for the crime of fraudulent conveyance, you’ll have to be a debtor and then sell your property to somebody else, give your property to somebody else for free, hide or else conceal your property, or move your property outside of the state. Along with these elements, you’ll also have to have done so in order to prevent your creditors from getting their money, or to make it harder for them to get their money, or even to delay them from getting their money. And again, in order to be guilty of this particular crime, all of the elements have to fit into place. So now let’s look at the punishments involved with fraudulent conveyance.
Punishments for Fraudulent Conveyance
The good news is that in most cases, this charge is only a misdemeanor. The maximum penalty for the misdemeanor version is serving up to one year in county jail, and/or a fine of up to $1,000. But, if the property is stock in trade and can be sold as a part of your business, and the stock in trade is worth more than $250, this charge gets bumped up to a felony, and is then punishable with sixteen months, two, or three years in California state prison.
Legal Defenses for Fraudulent Conveyance
So as we’ve seen, the punishments for fraudulent conveyance can actually be pretty harsh. As a result, you’re going to want to mount a good legal defense. This can be done by asserting that you didn’t intend to commit the crime. Simple enough, but this can actually be pretty tricky to prove. But you can help the process by proving that you didn’t possess the property after the transfer, or that the transfer was done out in the open. While this can be difficult to prove in a court of law, a good lawyer will get you there, and we have plenty of those.
We can help you out no matter what kind of trouble you find yourself in.
So as you can see, the law isn’t that daunting to deal with when you break it down into simple meaning instead of complicated jargon that no one’s got the time to sift through. We hope that this made things a little clearer for you, and we want you to know that if you’re facing any kind of legal trouble, your best call is to get in touch with us as soon as possible.