FRAUDULENT REPRESENTATIONS MADE TO AN AGENT
In Wisconsin, crimes having to do with theft or property damage such as burglary, fraud, or arson, can include everything from stealing a TV set to burning down a large building.
Many of these charges, and the severity of their corresponding penalties, are determined by the total value of any goods that were stolen, and whether the accused person was armed during the commission of the crime. The experienced Milwaukee burglary defense attorneys at Birdsall Obear & Associates have handled a multitude of cases of all different types of theft and property crimes.
If you’ve been arrested, you need the best criminal lawyers in Milwaukee and Sheboygan. Please contact our Milwaukee criminal lawyers via phone or email for a free consultation so we can help you navigate the broad range of charges pertaining to theft and property crimes.
WHAT IS FRAUDULENT REPRESENTATION IN WISCONSIN?
Wisconsin statutes 943.20(1)(d) state:
Obtains title to property of another person by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. “False representation" includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme.
HOW TO PROVE FRAUDULENT REPRESENTATION IN WISCONSIN?
The State must prove the following elements:
- (Name) was the owner of property.
- (Name) was the agent of the owner.
- An agent is a person authorized to act on the owner’s behalf.
- The defendant made a false representation to the agent.
- This requires that the false representation be one of past or existing fact. It does not include expressions of opinions or representations of law.
- The defendant knew the representation was false.
- The defendant made the representation with intent ot deceive the agent and to defraud the owner.
- It is not required that the defendant knew the identity of the owner.
- The defendant obtained title to the property of the owner by making the false representation to the agent.
- The agent was deceived by the representaion.
- The owner was defrauded by the representation.
This requires that the owner of property did in fact part with title to property in reliance (at least in part) on the false representation.
Contact the best Milwaukee and Sheboygan theft of property and fraud defense lawyers.
Attorneys John A. Birdsall and Kirk B. Obear are Milwaukee criminal attorneys who have won countless cases over the past decades. Their aggressive defense strategy is unsurpassed and has placed them among the best Criminal Defense Lawyers in Milwaukee.
Property theft crimes many times carry special circumstances that only the Milwaukee criminal lawyers of Birdsall Obear & Associates will know how to confront, confidently and efficiently... and win your case.
Our fraud defense lawyers in Sheboygan and Milwaukee know how to confront and challenge illegal police action, whether it's improper search technique or other violations, if we find that your constitutional rights were violated, your case could be dismissed.
Our lawyers are simply the best theft and fraud crimes defense law firm Wisconsin has to offer. Contact our Milwaukee Criminal Attorneys at Birdsall Obear & Associates.