What Is Considered “Fraud” in Texas Criminal Law?

Fraud isn’t just one crime—it’s a broad category that covers a range of deceptive acts under Texas criminal law. From writing hot checks and forging signatures to elaborate identity theft and insurance scams, fraud charges can carry serious consequences depending on the nature and scope of the deception. But what exactly does Texas law define as “fraud”? In this post, we break down the legal definitions, relevant statutes, and potential penalties. Whether you're trying to understand a recent accusation or need the guidance of a skilled lawyer near you, knowing how fraud is prosecuted in Texas can make all the difference.

What Is Considered “Fraud” in Texas Criminal Law?

Fraud is a serious offense under Texas law, encompassing a wide range of deceptive practices intended to secure unlawful gain. Understanding what constitutes fraud, the various types recognized by the state, and the associated penalties is crucial for anyone navigating the legal system.LegalClarity

Understanding Fraud Under Texas Law

Under Texas Penal Code Chapter 32, fraud involves intentional deception to cause harm or secure an unfair advantage.This can include false representations, concealment of facts, or other deceitful conduct. The law outlines numerous offenses that fall under the umbrella of fraud, each with specific elements and penalties.LegalClarity

Common Types of Fraud in Texas

1. Forgery (Section 32.21)

Forgery involves altering or creating documents with the intent to defraud. This can include signing someone else's name on a check or creating fake identification documents.

2. Credit Card or Debit Card Abuse (Section 32.31)

This offense occurs when someone uses a credit or debit card without the owner's consent, uses a fictitious card, or steals card information to make unauthorized transactions.Tex..Pub..Law: Online Texas Law Library

3. False Statement to Obtain Property or Credit (Section 32.32)

Providing false information on loan applications or other financial documents to obtain property or credit falls under this category.Neal Davis Law Firm+6Shane Phelps Law+6Tex..Pub..Law: Online Texas Law Library+6

4. Misapplication of Fiduciary Property (Section 32.45)

This involves a fiduciary, such as a trustee or executor, misusing property entrusted to them, often for personal gain.Tex..Pub..Law: Online Texas Law Library

5. Fraudulent Use or Possession of Identifying Information (Section 32.51)

Commonly known as identity theft, this offense includes using someone else's personal information without consent to obtain goods, services, or other benefits.

6. Deceptive Business Practices (Section 32.42)

Engaging in false advertising, selling counterfeit goods, or other dishonest business practices intended to mislead consumers are considered deceptive business practices.

Penalties for Fraud Offenses

The penalties for fraud in Texas vary based on the specific offense and the amount involved. Generally, they can range from Class C misdemeanors to first-degree felonies:Jeff King Law mintzerlaw

Class C Misdemeanor: Up to a $500 fine.
Class B Misdemeanor: Up to 180 days in jail and a $2,000 fine.
Class A Misdemeanor: Up to one year in jail and a $4,000 fine.
State Jail Felony: 180 days to two years in state jail and a $10,000 fine.
Third-Degree Felony: Two to ten years in prison and a $10,000 fine.
Second-Degree Felony: Two to 20 years in prison and a $10,000 fine.
First-Degree Felony: Five to 99 years in prison and a $10,000 fine.mintzerlaw Fort Worth Law Firm

Aggravating factors, such as targeting the elderly or committing fraud as part of organized crime, can lead to enhanced penalties.LegalClarity

Real-World Implications

Consider a case where an individual in Harris County uses stolen credit card information to make purchases totaling $5,000. This could be prosecuted as a state jail felony, leading to significant jail time and fines.

In another scenario, someone in Galveston County falsifies information on a loan application to secure a $35,000 loan.This act could be charged under Section 32.32 as a third-degree felony, with penalties including imprisonment and substantial fines.

Why Legal Representation Matters

Facing fraud charges in Texas is a serious matter with potentially life-altering consequences. The complexities of the law and the nuances of each case make it imperative to consult with a skilled attorney who understands the local legal landscape.

At Walker Law Office, Mekisha Walker brings extensive experience as a former Harris County Assistant District Attorney and a seasoned criminal defense attorney. Her deep understanding of Texas fraud laws ensures that clients receive informed and effective representation.

Contact Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule a consultation and protect your rights.

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