Residential contractor fraud is the misappropriation or intentional taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations by a person who has contracted to perform any home improvement or residential construction, or who has subcontracted for the performance of any home improvement or residential construction.
A misappropriation or intentional taking may be inferred when a person does any of the following:
- Fails to perform any work during a forty-five-day period of time or longer after receiving payment unless a longer period is specified in the contract; or,
- Uses, or causes an agent or employee to use, any deception, false pretense, or false promise to cause any person to enter into a contract for home improvements or residential construction; or,
- Damages the property of any person with the intent to induce that person to enter into a contract for home improvements or residential construction; or,
- Knowingly makes a material misrepresentation of fact in any application for a permit required by state, municipal, or parochial law; or,
- Knowingly makes a material misrepresentation of fact in any lien placed upon the property at issue; or,
- Fails to possess the required license for home improvements or residential construction required by applicable state, municipal, or parochial statute; or,
- Knowingly employs a subcontractor who does not possess the required license by applicable state, municipal, or parochial statute.
"Home improvement or residential construction" means any alteration, repair, modification, construction, or other improvement to any immovable or movable property primarily designed or used as a residence or to any structure within the residence or upon the land adjacent to the residence.
PENALTIES FOR A RESIDENTIAL CONTRACTOR FRAUD CONVICTION
A contractor fraud conviction is punishable based on the amount of misappropriation or intentional taking amounts.
A person who commits the crime of contractor fraud when the misappropriation or taking amounts to a value of less than $1,000.00, may be subject to a maximum imprisonment term of up to six months, a fine of up to $1,000, or both. If the person in such cases has been convicted of theft two or more times previously, then upon conviction the person shall be imprisoned, with or without hard labor, for up to two years, or fined not more than $2,000.00.
When the misappropriation or intentional taking amounts to a value of $1,000.00 to $5,000.00, the person may be imprisoned, with or without hard labor, for not more than five years, a fine of not more than $3,000.00, or both.
When the misappropriation or intentional taking amounts to a value of $5,000.00 to $25,000.00, the person shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than $10,000.00, or both.
When the misappropriation or intentional taking amounts to a value of $25,000.00 or more, the person may be imprisoned at hard labor for not more than twenty years, or may be fined not more than $50,000.00, or both.
When determining the amount of the misappropriation or intentional taking, the court may include the cost of repairing work fraudulently performed by the contractor and the cost of completing work for which the contractor was paid but did not complete.
The court may also order the person to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense as part of the sentence. Restitution may include the cost of repairing work fraudulently performed by the contractor and the cost of completing work for which the contractor was paid but did not complete.
WE WILL DEFEND YOU AGAINST RESIDENTIAL CONTRACTOR FRAUD CHARGE
An experienced defense attorney has the skill set to help you navigate through the legal system and provide you with an opportunity to fight the charges against you.
If you or a loved one has recently been charged with contractor fraud in the Shreveport - Bossier area, Attorney Ebonee Norris and her team will work tirelessly to fight for you. You can take advantage of a thorough, confidential consultation when you call (318) 771-7000 today.