Being charged with a fraud crime in Texas requires a strong criminal defense. A fraud conviction comes with serious legal penalties, in addition to the potential damage to your career and reputation.
There are many different types of fraud under Texas law, but most of them involve the same elements.
Fraud involves intentionally misrepresenting something to trick another person into relying on it. To be charged with fraud, the victim must be harmed by it.
Lack of intent
There are several potential defenses to a fraud charge. One of the strongest defenses is lack of intent. Although you might have committed the act that constituted fraud, the prosecution must also prove that you intended to do it.
Without proof that you intended to defraud someone and they were harmed by it, the prosecution cannot win its case.
Duress
Many times, people get caught up in fraudulent practices or schemes that they did not start or intend to be involved in. They commit fraud at the direction of another person who holds power over them.
For example, your boss might be the one committing the fraud and telling you that if you do not participate in it, you will be fired or your family will be harmed. This is called duress and is another potential fraud defense.
Constitutional violations
A fraud case is proven with evidence, and the prosecution must adhere to the constitution when gathering that evidence. Sometimes, evidence is gathered in violation of a constitutional right, such as the 4th Amendment right to be free from an unreasonable search and seizure.
Texas residents facing fraud charges could benefit from legal counsel. An experienced criminal defense attorney can thoroughly analyze all aspects of the situation and determine the best defense strategy.