Fraud is a theft related criminal offense of moral turpitude in which the accused party is alleged to have gained value by using trickery. Examples of using trickery to obtain value, goods, money, or services include, but are not limited to the following;
- Forgery, Forging a signature,
- Identity theft,
- Falsifying a credit application,
- Writing Bad Checks, or Hot Checks,
- Unauthorized use of a credit card, credit line, bank account, wire fraud, bank fraud, credit card fraud,
- Creating fake, or false checks, check forgery, and
- Con schemes can also be grounds for fraud charges.
Most cases involving fraud that are tried in Harris County/Houston area criminal courts are nothing more than misdemeanors and State Jail offenses.
In Texas, if the case of criminal fraud involves massive value, the range of punishment will depend on the amount of monetary value defrauded.
In other words,“The higher the crime, the higher the time”, is the case when it comes to fraud cases in Houston under the laws of the State of Texas.
Harris County, The State of Texas, and other Houston area criminal prosecutors generally base their criminal cases on document evidence such as credit card receipts, credit apps, IP addresses, signatures, and other digital means in the event of a financial fraud, or a fraud carried out using the internet. Security cameras are also used.
You don’t necessarily have to commit fraud to be charged with fraud in The State of Texas. You can be charged with fraud for merely having in your possession false documents, fake credit cards, forged checks, and so forth.
Houston Attorney Jack Carroll Handles Fraud Cases
Call Jack Carroll, a Board Certified Harris County Criminal Lawyer in Houston with over 20 years experience, if you’re facing criminal charges of Fraud or Identity Theft.
Jack Carroll Takes Cases in the Following Houston Area Counties,
Jail Time and Penalties if Convicted of Fraud
Fraud cases in Texas carry a wide range of potential penalties, for the accused, if convicted. The criminal penalties imposed are determined by the nature of the fraud.
For example, a check forgery case is a state jail felony, however stealing or receiving a check that was stolen can be a misdemeanor in some cases.
In another example, credit card fraud can either be a State Jail Felony or a First Degree Felony with a punishment of up to 99 years incarceration TDC.
The punishment for credit fraud depends on the amount of money stolen or defrauded, and the number of instances the crime occurred, as well as the number of victims affected, as well as other factors.
Identity Theft Fraud Cases – Jail Time & Fines
Potential criminal penalties for people convicted of fraud related to identity theft in the State of Texas are listed in the table below.
|Criminal Counts||Classification||Criminal Punishment|
|Less than 5||State Jail Felony||180 Days – 2 Years State Jail – Up to $10,000 fine|
|5 – 10||3rd Degree Felony||2 – 10 Years TDC – Up to $10,000 fine|
|10 – 50||2nd Degree Felony||2 – 20 Years TDC – Up to $10,000 fine|
|50 +||1st Degree Felony||5 – 99 Years TDC – Up to $10,000 fine|
(Court ordered restitution to victims, including replacing lost income, and other expenses related to your crime, would be considered an additional penalty added to any jail time or fines levied by the criminal justice system.)
A Fraud Conviction may not Result in a Jail Sentence
Houston Criminal Attorney Jack Carroll may be able to keep a defendant out of serving jail time since most fraud related criminal offenses in Houston are misdemeanor cases. Staying out of jail for the charge of fraud is also possible if the amount of value obtained by trickery and fraud doesn’t involve massive amounts of value, or money, and if the cases is a first offense.
Being Found Guilty Of Fraud Will Affect Career Options
Being convicted of a crime related to fraud will limit your career options. This could result in a insurmountable challenge when looking to obtain employment, or explore a career in the following areas;
- Management positions,
- Admittance to higher learning institutions,
- Jobs involving the handling or money,
- careers involving valuable merchandise,
- Careers involving finance, or access to private personal information,
- Careers in the medical field, or employment opportunities involving access to sensitive information, technology, or goods.
Jack Carroll is also one of the few criminal defense lawyers in Houston who is experienced at getting courts to seal criminal records, securing criminal record expungement, expunction, and obtaining certificates of non-disclosure.
Working with Houston attorney Jack Carroll, one of the most respected criminal lawyers in Houston, will guarantee a well thought, aggressive defense for any allegations of fraud by the State of Texas. The State of Texas has to prove the following in any fraud cases brought before jurors in criminal court;
- You obtained good, monies, or services as a results of the fraud,
- You made the purchase (if applicable),
- You are the person for signed for the merchandise (if applicable),
- The state has to prove criminal intent,
- and The State of Texas has to prove the defendant committed the offense.
While not limited to the above listed, the State of Texas must furnish irrefutable evidence to back any allegations made against the accused when facing Houston Criminal Attorney Jack Carroll in court on a fraud case. Jack Carroll, a board certified criminal defense attorney, may challenge witness testimony, evidentiary documents, signatures, and accusations of criminal intent on behalf of the defendant.