What is the Penalty for Fraud in Texas?
There are many reasons to fight a fraud charge in Texas, just one of which is the severe penalties imposed under state and federal law. Dallas, TX criminal defense attorney Jeff King understands the repercussions and fights fraud charges with tenacity and knowhow, improving the chances that you can get your life back on track.
Factors affecting Texas fraud penalties
There is no one penalty for fraud in Texas because there is not just a single crime known as fraud. In general, fraud requires intentionally misrepresenting or leaving out material facts with the expectation that someone else will reasonably rely on it, to make a monetary gain. Within the broad category of fraud, there are many specific types and they can constitute a crime under state law, federal law, or both.
The penalties vary by both the type of fraud involved and its severity in that case. For example, the following are just a couple of the types of fraud offenses listed in the Texas Penal Code, along with their associated charges and punishments:
Forgery (*in each case, it is charged to the next higher category if victim was elderly)
- General:
- Class A misdemeanor
- Jail ≤1 year and fine ≤$4,000
- Involving certain writings such as a will, deed, mortgage, credit card, or other commercial instrument:
- State jail felony
- 180 days – 2 years in state jail plus fine ≥$10,000
- The writing is or purports to be certain government records or instruments related to securities:
- Felony of the third degree
- Imprisonment from 2-10 years plus fine ≥$10,000
Credit Card Transaction Record Laundering
- Amount of sale <$100:
- Class C misdemeanor
- Fine ≥$500
- Amount of sale is $100-$749:
- Class B misdemeanor
- Jail ≤180 days and fine ≤$2,000
- Amount of sale $750-$2,499:
- Class A misdemeanor
- Jail ≤1 year and fine ≤$4,000
- Amount of sale $2500-$29,999:
- State jail felony
- 180 days – 2 years in state jail plus fine ≥$10,000
- Amount of sale $30,000-$149,999:
- Felony-3rd degree
- Imprisonment from 2-10 years plus fine ≥$10,000
- Amount of sale $150,000-$299,999:
- Felony-2nd degree
- Imprisonment from 2-20 years plus fine ≥$10,000
- Amount of sale ≥$300,000:
- State jail felony
- 180 days – 2 years in state jail plus fine ≥$10,000
In addition to the formal criminal penalties, some convictions can prevent an individual from obtaining professional licenses needed for employment or owning firearms, and as crimes of dishonesty, they can carry a stigma and need to be disclosed on job applications for years.
Fraud defense in Dallas
When there is so much on the line, you need a lawyer who will truly fight for you rather than simply seek the quickest route to closing the file. Texas fraud defense attorney Jeff King knows what it takes to fight a fraud case and he uses his passion and experience to fight for a just result. Call Jeff King to arrange a free confidential consultation in his Dallas, TX office to discuss your legal options.
Additional Fraud Penalty Resources:
- Texas Penal Code, Chapter 32. Fraud, http://law.justia.com/codes/texas/2005/pe/007.00.000032.00.html
- Texas Occupations Code, Title 2. General Provisions Relating to Licensing Chapter 53 Consequence of Criminal Conviction, http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.53.htm#53.025
- Texas Attorney General, Penal Code Offenses by Punishment Range, https://www.texasattorneygeneral.gov/files/cj/penalcode.pdf
