California Penal Code §548 — Defrauding Insurer
Willfully injuring, destroying, secreting, abandoning, or disposing of property with intent to defraud an insurer — straight felony, 2, 3, or 5 years state prison plus $50,000 fine or double the actual value of the property (whichever is greater).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Defrauding Insurer Cases in All LA County Courts
01 — Quick Facts
PC §548 — Defrauding Insurer at a Glance
| Fact | Detail |
|---|---|
| Code | PC §548 |
| Classification | Felony |
| Sentence | 2, 3, or 5 yrs state prison |
| Fine | Up to $50,000 or 2x property value |
| Strike | No |
| CIMT | Yes — moral turpitude |
01 — What Is PC §548?
What Is California Penal Code §548?
PC §548 Reads:
"Every person who willfully injures, destroys, secretes, abandons, or disposes of any property which at the time is insured against loss or damage by theft, or embezzlement, or any casualty with intent to defraud or prejudice the insurer, whether the property is the property or in the possession of that person or any other person, is punishable by imprisonment in the state prison for two, three, or five years and by a fine not exceeding $50,000."
— Penal Code §548(a)
PC §548 is California's insurance-fraud statute for staged loss — arson-for-profit, vehicle dumping to claim theft, staged burglary, and similar destruction/abandonment schemes. It is often charged alongside PC §550 (insurance-claim fraud) which reaches the fraudulent claim submission itself.
§548 vs §550
§548 punishes the physical act (destruction, abandonment, secreting) with intent to defraud. §550 punishes the submission of a false or fraudulent claim. Both are frequently charged together.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §548
The prosecution must prove:
Insured Property
The property was insured against loss or damage at the time of the act.
Willful Injury/Destruction/Secreting/Abandonment
Defendant willfully injured, destroyed, secreted, abandoned, or disposed of the property.
Intent to Defraud Insurer
At the time of the act, defendant intended to defraud or prejudice the insurer.
04 — Penalties
Penalties for PC §548 Defrauding Insurer in California
§548 is a straight felony punishable by state prison.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §548(a) — Base | PC §548(a) | 2, 3, or 5 yrs state prison + up to $50k fine (or 2x value) | Available (§1203) | No |
| Concurrent §550(a) | PC §550(a) | 2, 3, or 5 yrs (parallel felony) | Available | No |
| Concurrent §451 (Arson) | PC §451 | Up to 9 yrs (§451(b)/(c)) | Restricted | Yes |
| Aggravated Loss (>$100k) | PC §12022.6 | +1 to +4 yrs | No | No |
Enhancements
Aggravated Loss
PC §12022.6
Loss over $65k adds 1 yr; over $200k adds 2 yrs; over $1.3M adds 3 yrs; over $3.2M adds 4 yrs.
Concurrent Arson
PC §451
Where property was burned, §451 arson (a serious felony/strike) is charged concurrently.
White-Collar Enhancement
PC §186.11
Two or more felonies involving fraud with loss >$100k — additional 2, 3, or 5 yrs.
Elder-Victim Enhancement
PC §667.9
+1 or 2 yrs where victim is 65+.
Collateral Consequences
- Restitution to insurer under §1202.4
- Insurance industry blacklisting
- Immigration deportation (CIMT + aggravated felony if >$10k loss)
- Professional license revocation (real estate, insurance, medical)
- Firearm ban (§29800)
- Civil parallel exposure — insurer subrogation and treble damages under Ins. Code §1871.7
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §548 Defrauding Insurer Charges
§548 requires proof of specific intent to defraud at the time of the act.
No Fraudulent Intent
Legitimate loss, accident, or non-insurance-related destruction — no fraud intent at time of act.
Intent
Legitimate Claim
Where actual loss occurred and claim was truthful, no §548 liability regardless of policy coverage disputes.
Legitimate
Policy Not in Force
Where policy was lapsed, canceled, or not yet effective, §548 fails at the insured-property element.
Policy
Fourth Amendment
Suppression of evidence obtained via warrantless search or CSAA/SIU cooperation without proper Miranda.
4A
Restitution-Based Resolution
Full restitution supports reduced plea or civil-compromise dismissal in narrow cases.
Restitution
Confidential-Informant Attack
SIU (Special Investigations Unit) informants and unauthorized recording challenges under Cal. Penal Code §632.
SIU
Constitutional Sources
07 — Court Process
How PC §548 Defrauding Insurer Cases Move Through Los Angeles Courts
§548 cases involve SIU investigations and complex fraud discovery.
- 1
Step 1 — SIU Investigation
Insurance company Special Investigations Unit investigates and refers to CDI or DA.
- 2
Step 2 — CDI Referral
California Department of Insurance Fraud Bureau reviews and refers to DA.
- 3
Step 3 — Filing
DA files §548 alone or with §550 and enhancement allegations.
- 4
Step 4 — Arraignment
Bail motion; bail typically $50k+.
- 5
Step 5 — Preliminary Hearing
Corpus delicti on intent-to-defraud element.
- 6
Step 6 — Motions
§995 challenges, §1538.5 suppression, and §632 recording challenges.
- 7
Step 7 — Pretrial
Restitution negotiation and plea negotiations.
- 8
Step 8 — Trial or Plea
Jury trial with SIU investigators, adjusters, and forensic accountants.
Los Angeles Courts That Handle PC §548 Defrauding Insurer Cases
§548 cases are handled in LA County felony courts, often in specialized fraud calendars.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Defrauding Insurer Defense Attorney
Daniel S. Rubin has defended clients charged with defrauding insurer and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §548 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Defrauding Insurer Cases Throughout LA County
09 — FAQs
PC §548 Defrauding Insurer Questions — Los Angeles
What is PC §548?
California's insurance-fraud statute for staged loss — willful injury, destruction, or abandonment of insured property with intent to defraud the insurer. Straight felony punishable by 2, 3, or 5 years state prison plus $50k fine.
Is §548 a strike?
No — §548 is not listed under §667.5(c) or §1192.7(c). However, concurrent §451 arson charges are strikes.
Is §548 a wobbler?
No — §548 is a straight felony. Wobbler reduction is not available. However, plea negotiation to §550(b) (a wobbler) may achieve misdemeanor treatment.
What is the difference between §548 and §550?
§548 punishes the physical act — destruction, abandonment, secreting — with intent to defraud. §550 punishes the actual claim submission with false or fraudulent statements. Both are frequently charged together.
What is SIU?
SIU (Special Investigations Unit) is the fraud investigation arm of insurance companies. SIU refers cases to the California Department of Insurance (CDI) Fraud Bureau and then to DA prosecution. SIU interviews are often recorded — §632 recording challenges may apply.
Will I have to pay restitution?
Yes — §1202.4 mandates restitution to the insurer for actual losses paid, plus subrogation. Insurance Code §1871.7 permits civil treble damages plus attorneys' fees in parallel civil action.
Available 24/7 — Free Consultation
Charged with PC §548 Insurance Fraud?
State-prison exposure with restitution and civil parallel. Rubin Law, P.C. defends with no-intent and SIU-challenge strategies. Free consult (213) 723-2337.