Fraud is a broad term that covers a whole host of offenses. Most of these offenses are white-collar crimes, which means that they typically do not involve violence or physical harm to others and primarily concern financial transactions. Anyone who is accused of fraud, however, may wish to get the advice of an experienced Dallas fraud lawyer.
Working with a skilled defense attorney could allow you to explore your options and choose the path that is most beneficial to you. Taking steps to get legal advice early in your case may give you a better chance of reaching a positive outcome.
Check and Credit Card Fraud
Some of the more common types of fraud are check and credit card fraud. These offenses often accompany other related charges, such as forgery, stealing checks or credit cards belonging to others, or identity theft. Any of these charges can have harsh penalties, particularly if the alleged fraud entails the misappropriation of large amounts of money or for individuals with prior fraud convictions.
Tex. Pen. Code § 32.41 makes it illegal to write a check if the person knows they do not have sufficient funds in the account to cover it. Check fraud is generally a Class C misdemeanor but can increase to a Class B misdemeanor if the check is used to make a child support payment.
Likewise, Tex. Pen. Code § 32.31 provides that a person commits credit card fraud if they present a credit card belonging to another without consent or presents an expired, revoked, or canceled card with the intent of using fraud to obtain some sort of benefit. It is also illegal under this section to use a fake credit card or to steal, receive, buy, or sell a credit card belonging to another. Credit card fraud is generally a state jail felony, but the offense can increase to a third-degree felony if the accused perpetrated the fraud on an elderly individual.
Making False Statements to Obtain Credit
Another type of fraud is defined as credit fraud under Tex. Pen. Code § 32.32. This section makes it illegal to purposely make materially false or misleading statements in the course of trying to obtain property or credit, such as getting a car or mortgage loan.
The charges and potential penalties that can result from this offense vary according to the value of the property or credit allegedly involved in the fraud offense. In accordance with the Texas theft statute, if the property or credit generally is valued at less than $2,500, then the offense is a misdemeanor, and if it is valued at more than $2,500, it is a felony. For individuals facing credit fraud charges, the advice of a fraud attorney in Dallas may be invaluable.
What is Considered Forgery in Dallas?
Tex. Pen. Code § 32.21 makes it illegal to forge a written document with the intent to defraud or cause damage to others. Forging includes changing, making, or signing any writing to make it appear as if:
- Another person authorized the writing
- The document was executed at a different time or place or in a different sequence
- It is original writing where none exists
This offense is generally a Class A misdemeanor. However, the offense becomes a felony offense in some circumstances, such as where the writing is or appears to be a will, deed, security agreement, or mortgage. The level of the misdemeanor or felony offense for a forgery charge also can depend on the value of the property or service that the individual allegedly attempted to steal. Reach out to a knowledgeable criminal defense lawyer to learn more about forgery and fraud offenses in Dallas.
A Dallas Fraud Attorney Could Help
Fraud prosecutions are often complex cases that involve intensive amounts of documents and financial records. They can also result in serious, far-reaching consequences. As a result, enlisting the assistance of a Dallas fraud lawyer may be useful.
By building a strong defense in your case, you may have a better chance of reaching a positive conclusion for your specific circumstances. Call today to learn more about building a defense.