Fraud Charges and Defenses in Texas | Dallas Fraud Lawyer
Dallas Fraud Lawyer, Serving North Texas and Surrounding Area
Fraud is a serious offense in Texas, carrying significant penalties and long-lasting consequences. Whether it’s credit card fraud, insurance fraud, or any other type of fraudulent activity, understanding the allegations and potential defenses is crucial. This article aims to provide a comprehensive understanding of fraud allegations and defenses in Texas.
Definition of Fraud in Texas
In Texas, fraud is broadly defined as a deliberate deception made for personal gain or to damage another individual. This deception can take many forms, including false representation, making false promises, or concealing something that should have been disclosed.
Financial crimes such as fraud can be complex and document-heavy. These cases require experienced criminal defense attorneys well-versed in handling in-depth investigative reviews of the state’s case. We have defended a variety of fraud allegations successfully in Texas.
What are Common Examples of Fraud in Dallas?
Under Texas law, a wide range of offenses is considered fraud. Chapter 32 of the Texas Penal Code is entirely devoted to fraud.
An act of fraud involves a deliberate attempt to deceive another person to obtain personal or financial gain, such as money or property. A person defrauds another if they use deceit, misleading information, or false statements to gain goods, data, services, or money.
Common examples of fraud offenses
| Offense | Texas Penal Code Section |
|---|---|
| Credit/debit card fraud or abuse | Section 32.31 |
| Bank fraud | General fraud provisions |
| Wire fraud | General fraud provisions |
| Check fraud and check kiting | Section 32.41 |
| Forgery | Section 32.21 |
| Counterfeiting real estate deeds | General fraud provisions |
| Insurance fraud | Section 35.02 |
| Medicaid fraud | Chapter 35A |
| Medicare fraud | Chapter 35A |
| Healthcare fraud | Chapter 35A |
| Identity fraud | General fraud provisions |
| Misappropriation | General fraud provisions |
| Tax fraud | General fraud provisions |
| Counterfeiting | Section 32.23 |
| Criminal simulation | Section 32.22 |
| Trademark counterfeiting | Section 32.23 |
| Stealing or receiving stolen checks | Section 32.24 |
| Possession of credit/debit card information | General fraud provisions |
| Fraudulent use of credit/debit card information | General fraud provisions |
The Dallas fraud lawyers at Varghese Summersett have decades of combined experience with unmatched success defending against financial crimes.
What is the Penalty for a Fraud Conviction?
The penalty for a fraud conviction is determined by whether it’s charged as a misdemeanor or felony offense. The level of fraud charge is based on the type of fraud, the property value involved, and the alleged victim’s age.
The range of punishment typically aligns with Texas’ value ladder for theft, as seen below:
| Value | Offense level | Punishment range |
| Under $100 | Class C | Up to $500 fine |
| $100 – $750 | Class B | Up to 180 days in jail |
| $750- $2,500 | Class A | Up to 1 year in jail |
| $2,500 – $30,000 | State Jail | 180 days – 2 years in State Jail |
| $30,000-$150,000 | Third Degree | 2-10 years in prison |
| $150,000-$300,000 | Second Degree | 2-20 years in prison |
| Upwards of $300,000 | First Degree | 5-99 years/life |
Fraud offenses are often considered white-collar crimes in Texas
Fraud offenses often fall under what is referred to as white-collar crime. These types of offenses refer to state and federal crimes usually involve financial gain and are achieved without violence or the threat of violence. Federal Criminal Defense Attorney Benson Varghese explains:
The phrase “white-collar crime” was coined in the 1930s to describe the type of crimes often committed by business executives, government officials, and others with white-collar jobs.
Not all fraud offenses are considered white-collar crimes, but some of these types of offenses include:
- Embezzlement
- RICO offenses
- Computer crimes
- Price fixing
- Insider trading
- Accounting crimes
- Mortgage fraud
In such white-collar crimes, the accused is often aware they’re being investigated before an arrest is made.
In this scenario, it’s imperative to contact a top Dallas fraud lawyer to protect your legal rights and give yourself the best chance at beating the allegation.
The criminal defense team at Varghese Summersett aggressively fights white-collar crimes.
What increases penalties for fraud in Texas?
The characteristics of the victim can enhance fraud charges in Texas. The offense level can increase by one degree, for example, if the alleged victim is elderly. This applies even if the accused did not know the age of the alleged victim.
What is aggregate theft in Texas fraud cases?
Aggregate theft in Texas fraud cases occurs when two or more thefts are committed during one specific fraud scheme “or continuing course of conduct,” according to Texas Penal Code §31.09.
The combined amounts of fraud determine the offense level.
Typically, aggregate theft is tried as one offense.
Is punishment harsher for repeat fraud offenders in Texas?
Anyone with a previous felony conviction faces harsher penalties than first-time offenders.
For example, a person with two previous felony convictions could face a minimum 25-year prison sentence and up to life in prison if convicted for a third felony (other than a state jail felony).
Someone previously convicted of two state jail felonies could face a third-degree felony if charged with fraud. If convicted of the third charge, it’s a prison sentence of two to 10 years.
Are you or a loved one facing fraud charges in Dallas? Call Varghese Summersett.
Fraud charges of any kind can wreck your life and threaten your freedom in Texas. If you or a family member is being investigated for a white-collar crime or have been charged with fraud, consult with a top Dallas fraud lawyer as soon as possible.
The team at Varghese Summersett includes Board Certified criminal defense attorneys and former prosecutors with decades of experience protecting clients from fraud convictions.
A fraud conviction could leave you with a criminal record and negatively affect your family, freedom, and finances.
For a complimentary consultation, call us at 214-903-4000.
