Whether criminal or civil, fraud usually comprises of several legal elements, including a misinterpretation of a material fact, a misinterpretation with intent to rip off the victim, or a misrepresentation to cause the victim to believe and rely on the misinterpretation. In a fraud lawsuit, the plaintiff must prove that you knew about the misrepresented facts and that you deliberately misrepresented the facts for a specific gain. If the plaintiff cannot prove the intent and the personal or monetary gain, the case wouldn’t have a strong foundation.

Where you’re accused of fraud, you must be very cautious with your defense, understanding that failure to accomplish the intent of the fraud doesn’t disqualify a criminal fraud lawsuit.

What are you supposed to do, therefore, when you’ve been accused of fraud?

The first step is to reach out to a professional fraud attorney. Of course, the court allows you to present yourself. However, that would be a dangerous path to take, considering the complexity of fraud laws and the gravity of the consequences of a guilty verdict.

Call us so that we can represent you in court.

At Wilvin J. Carter law firm, we’ve successfully defended many clients accused of criminal fraud. With our vast experience in criminal fraud cases, we protect your rights as the accused and help you navigate the legal system. Our criminal fraud attorneys take their time to assess every case individually before coming up with a defense strategy.

 

Frequently Asked Questions

Fraud FAQ

What is fraud?

Fraud is criminal offense in which a person acquires money or property by some form of deceit. Some examples of fraud include forgery, credit card fraud in Texas, or insurance fraud.

Is fraud a felony?

Fraud can either be a felony or misdemeanor depending on the crime. Forgery can result in either felony or misdemeanor based on the item involved and the age of the perpetrator. Forgery that includes paper money, revenue or postage stamps, stocks or bonds, or a government record is considered a third-degree felony. It carries a penalty of two to 10 years in prison with a maximum fine of $10,000.

Credit card fraud in Texas results in a felony conviction, with a penalty of 180 days to two years in a state penitentiary and a maximum fine of $10,000.

Insurance fraud charges depend on the amount or value of the claim. The gravest insurance fraud claims values at over $200, 000 which is considered a first degree felony and carries a state prison sentence of 5 to 99 years with a fine up to $10, 000.