Fraud

Common Types of Fraud in Texas

Credit or debit card abuse (§ 32.31), forgery (§ 32.21), identity theft (§ 32.51), insurance fraud (§ 35.02), securing execution of a document by deception (§ 32.46), and mortgage fraud are among the most commonly charged fraud offenses in Texas. Each carries different penalties based on the value of the fraud.

Penalties Based on Value

Fraud penalties in Texas are typically tied to the value of the property or services obtained. Under $100: Class C misdemeanor. $100–$750: Class B misdemeanor. $750–$2,500: Class A misdemeanor. $2,500–$30,000: State jail felony. $30,000–$150,000: 3rd degree felony. $150,000–$300,000: 2nd degree felony. Over $300,000: 1st degree felony.

Federal Fraud Charges

Fraud involving the mail, wire communications, banks, or federal programs may be prosecuted federally under statutes such as 18 U.S.C. § 1341 (mail fraud) or § 1343 (wire fraud). Federal fraud convictions carry up to 20 years in federal prison per count, and multiple counts are common in complex fraud cases.

White Collar Defense

Fraud cases are document-intensive and require careful analysis of financial records, communications, and business transactions. An experienced attorney will scrutinize the evidence for weaknesses, challenge the prosecution's theory of the case, and work to negotiate favorable resolutions.

Potential Penalties

• › Misdemeanor fraud (under $2,500): Up to 1 year jail
• › State jail felony ($2,500–$30,000): 180 days to 2 years
• › 3rd degree felony ($30,000–$150,000): 2–10 years
• › 2nd degree felony ($150,000–$300,000): 2–20 years
• › 1st degree felony (over $300,000): 5–99 years
• › Federal fraud: Up to 20 years per count

Possible Defenses

• › Lack of intent to defraud
• › Good faith belief in the truth of representations
• › Insufficient evidence
• › Entrapment
• › Statute of limitations
• › Challenging the valuation of alleged losses

Frequently Asked Questions