Texas Attorneys Represents Clients Accused of Fraud

Firm in Rockwall and Wylie provides strong defense against misrepresentation charges

Fraud cases typically involve the alleged misappropriation of assets through some form of deception. These matters adjudicate whether the defendant intentionally made false statements or other types of misrepresentations to obtain the victim’s property, or something else of value. There is often a lot of room for interpretation, and an overzealous prosecutor might bring unwarranted charges that threaten an innocent party’s freedom and reputation. If you’re facing fraud charges in North Texas, you need a skilled criminal defense attorney who can demonstrate how the facts don’t support a conviction. At Grob & Associates Law Firm PC in Rockwall and Wylie, our legal team draws on decades of experience to push back against authorities in a full range of fraud cases.

What constitutes fraud under Texas law? 

In Texas, fraud is defined as intentional deception to secure unfair or unlawful gain, or to deprive another of property or rights. Chapter 32 of the Texas Penal Code requires authorities prosecuting criminal fraud to prove beyond a reasonable doubt that the defendant deliberately made a false statement which induced a party to transfer property to the defendant, and absent the false statement, the transfer would not have happened.

Most common types of Texas fraud charges

Fraud in Texas takes many forms. Common examples include:

• Credit card or debit card abuse — Using another's card without permission or with fraudulent intent. This is a state jail felony if the amount allegedly misappropriated is under $2,500.
• Forgery — Altering or creating false documents, such as checks or contracts, for a financial gain constitutes forgery. This offense is punishable as a misdemeanor or felony based on intent and value.
• Insurance fraud — Obtaining benefits under false pretenses or staging incidents to bring an insurance claim can be charges as a second-degree felony if the payment exceeds $30.000.
• Identity theft — Using another's personal information for gain violates the Texas Penal Code. The specific sanction depends on the scope of the alleged identity theft. For example, it is a first-degree felony if there are 50 or more victims.
• Investment or securities fraud — Making false statements about a stock or business to induce a victim to make an investment can trigger both state and federal charges.
• Deceptive business practices — There are numerous ways to misrepresent the nature or value of goods or services, such as false advertising and pyramid schemes. This area’s competitive real estate market also leads to frequent allegations of property-related scams.  

No matter the specific charge, our firm will investigate the facts in detail to identify the best way to attack the case against you. 

Potential penalties for a Texas fraud conviction

Penalties under Texas law vary according to the type of fraud and value of the property. Misdemeanors, where the amount involved is $100 or less, carry up to 180 days in jail and fines up to $2,000. A state jail felony count can be brought when the value at issue is between $2,500 and $30,000. These convictions are punished by 180 days to two years in jail and a maximum $10,000 fine. Higher value fraud (over $300,000) is a first-degree felony, where the sentence is five to 99 years in prison and a fine of up to $10,000. Other penalties include probation, restitution and professional license loss.

Some types of fraud violate federal law, frequently drawing aggressive prosecution by the U.S. Department of Justice. Communications made via the U.S. Mail, the Internet or telephone can constitute grounds for federal prosecution. Certain business law violations and other forms of alleged misrepresentation could also lead to a civil fraud claim.  

Potential defense strategies in fraud prosecutions

Our firm prepares sound legal strategies that are tailored to the facts of each specific case. Common defenses in fraud matters include the following:

• Lack of intent — Fraud requires intentional misrepresentation. Some accusations are based on innocent misunderstandings.
• Insufficient evidence — Prosecutors might not be able to demonstrate that a false statement was made or that the purported victim suffered any actual harm.  
• Entrapment — Eager authorities could cross the line into unlawful entrapment when trying to execute a “sting” against a fraud suspect. 
• Duress or coercion — In some situations, individuals are forced into engaging in conduct that is considered fraudulent.  
• Statute of limitations — Cases can be dismissed if charges are filed beyond the three-year limit for misdemeanors or five years for felonies.

You can count on our firm to protect your fundamental rights as we work to defeat unwarranted allegations and secure the most favorable resolution possible, which could be a dismissal, acquittal or reduced charge. 

Contact a North Texas lawyer to discuss defense against a fraud charge

Grob & Associates Law Firm PC defends North Texas residents accused of felony and misdemeanor fraud offenses. For a consultation to discuss your legal rights, please call 972-777-5701 or contact us online. Our offices are in Rockwall and Wylie.