Fraud
Fraud: Criminal Charges and Penalties in Texas
Fraud is a criminal charge in which a person gets property or money by some form of trickery. “Fraud”, for criminal purposes, includes using checks or credit cards that belong to someone else, presenting forged documents or even lying on a credit application.
In Houston, fraud is not treated as seriously as crimes like burglary or robbery but there can still be significant penalties in cases involving large sums. Fraud charges are generally misdemeanors or state jail felonies, and range upward depending on the amount stolen. In these types of cases the police will rely on document evidence when charging you in a case such as check fraud or credit card fraud. Often times to prove their case, the police will use signed checks, credit card receipts, credit applications or even your Internet address if the fraud was committed online.
Types of Fraud in Texas
You can be charged with fraud-related offense if the police suspect you have done any of these:
1. Check forgery (32.21- TX Penal Code) – Stealing an unsigned check from someone else for the purpose of passing it as yours, even without actually passing it. Or filling in, signing and passing a check that does not belong to you, without the owner’s permission. You don’t have to be the one who stole the check to be charged. Accepting a check you know was stolen is also fraud under Texas law.
2. Credit card fraud (32.31 – TX Penal Code) – Using a credit card or debit card that you know has been canceled or expired, or using a card that belongs to someone else without the person’s permission. Merely possessing a card that doesn’t belong to you with the intent to use it is enough for a fraud charge. So is buying, selling or accepting cards that you know to be stolen. And, so is convincing someone else to buy something with a card when you know the person doesn’t have the means to pay for it.
3. Credit fraud (32.32 – TX Penal Code) Lying in any way on a written application for a loan, goods or property, or a credit card. This could include giving a fake or stolen Social Security number, giving a fake name and address, or misrepresenting your income, financial obligations and ability to pay.
4. Identity theft (32.51 – TX Penal Code)– Obtaining, possessing, or using the personal identification information, such as name, Social Security number and date of birth, of another person with the intent to commit fraud. This includes information that belongs to a child under 18, a deceased person, or a person who was stillborn. Texas criminal law automatically presumes your intent was to commit fraud if you have information for three or more people.
It’s important to remember that with many of these fraud-related offenses, you can be charged even if you have not used the check, card, or personal information. Just having them can often be the basis for the police to charge you.
The Penalties for Fraud
There are a wide range of possible punishment for a criminal charge of fraud.
| Charge | Degree of Offense | Punishment Range |
|---|---|---|
| Check forgery | State Jail Felony | 6 months – 2 years State Jail Up to $10,000 fine |
| Credit Card Fraud | State Jail Felony | 6 months – 2 years State Jail Up to $10,000 fine |
| Credit Fraud | Varies from Class C Misdemeanor to First degree felony depending on amount of the fraud | Depending on amount of the fraud: small fine up to 99 years TDC |
Identity Theft
| No of items | Degree of Offense | Punishment Range |
|---|---|---|
| Less than 5 items obtained | State Jail Felony | 6 months – 2 years State Jail Up to $10,000 fine |
| 5 – 10 items obtained | 3d Degree Felony | 2 – 10 years TDC Up to $10,000 fine |
| 10 – 50 items obtained | 2nd Degree Felony | 2 – 20 years TDC Up to $10,000 fine |
| 50 or more items obtained | 1st Degree Felony | 5 – 99 years TDC Up to $10,000 fine |
Avoiding Jail on Texas Fraud Charges
A fraud related conviction could have a long lasting and serious effect on your future that could bar you from getting certain jobs in any other profession where you might have access to money or other people’s personal information. The fraud charge lawyers at Midence & Skillern can help you fight fraud charges in Houston. Make an appointment today so that the fraud charge lawyers at Midence & Skillern can help you protect yourself and your reputation from these types of damaging accusations.
