Conroe Fraud Lawyer | Defense Against Fraud Charges

There are many different types of fraud charges under state and federal law. Fraud cases can be extremely complex, and these offenses should be taken seriously, as they could result in lengthy sentences and other long-term consequences. The good news is that it could be possible to avoid a conviction with the right defense strategy.

If you are looking for an experienced defense attorney to help with your case, you could benefit from the guidance of legal counsel that understands how prosecutors think and build fraud cases. Raphael Ortega is a former felony prosecutor and ICE trial attorney that understands what it takes to beat a fraud charge. Reach out today for a free consultation with a Conroe fraud lawyer.

Understanding Fraud Charges

Fraud occurs when an individual intentionally deceives someone else to benefit—either personally or on behalf of another person. Countless examples of fraud exist, and various criminal charges involve these deceptive practices. A skilled Conroe fraud attorney could help you defend yourself against any of these allegations, whether at the state or federal level.

At the state level, fraud charges include things like identity theft, credit card abuse, credit card fraud, and forgery. According to a 2023 Forbes report, approximately eighty-four percent adults in the United States own at least one credit card, and according to a separate report Texas led in the nation in reported identity theft cases in 2021. These revealing statistical trends have led Texas law enforcement agencies to aggressively crack down on fraud.

Common Texas Fraud Charges

Fraudulent Use of Identifying Information (Identity Theft)

Fraudulent Use or Possession of Identifying Information under Texas Penal Code § 32.51 requires that a person intend to harm or defraud another by possessing, transferring, or using any identifying information of another person without consent, or identifying information of a child younger than 18 years of age.

Identifying Information is defined as any information that alone or in conjunction with other information identifies a person via any of the following:

Name and date of birth
Social security number or other government-issued identification number
Biometric data, such as a fingerprint, voice print, or retina or iris image
Electronic identification number, address, routing code, or financial institution account number
Telecommunication identifying information or access device

Intent to harm or defraud is presumed if a person has any of the following:

Identifying information of three or more other persons
Information described by Subsection (b)(2) concerning three or more deceased persons; or
Information described by Subdivision (1) or (2) concerning three or more persons or deceased persons.

The punishment range for this offense depends on the number of fraudulent identifying items obtained, possessed, transferred, or used.

State jail felony: Less than 5 items
Third-degree felony: At least 5 or more but less than 10 items
Second-degree felony: At least 10 or more but less than 50 items
First-degree felony: More than 50 items

Credit Card Abuse

A person commits credit card abuse if they use a credit or debit card of another without authorization or consent and did so with the intent to obtain a benefit fraudulently. Typically, this offense is a state jail felony with a maximum penalty of 2 years in jail and a fine $10,000 fine. The State Jail Felony charge can be enhanced to third-degree felony if the offense was committed against an elderly individual over the age of 65. Texas Penal Code § 31.31.

Fraudulent Use or Possession of a Credit Card

A person commits Fraudulent Use or Possession of a Credit Card under Texas Penal Code § 32.315 if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses either:

a counterfeit credit card or debit card;
the number and expiration date of a credit card or debit card without the consent of the account holder; or
the data stored on the digital imprint of a credit card or debit card without the consent of the account holder.

The punishment range for this offense depends on the number of items obtained, possessed, transferred, or used as a result of the fraudulent use of a credit card.

State jail felony: Less than 5 items – Face up to 2 years in jail and a $10,000 fine
Third-degree felony: At least 5 or more but less than 10 items – Face up to 10 years in state prison and a $10,000 fine
Second-degree felony: At least 10 or more but less than 50 items – Face up to 20 years in state prison and a $10,000 fine
First-degree felony: 50 or more items – Face up to 99 years in prison and a $10,000 fine

Forgery

A person commits the offense of forgery by forging a writing with the intent to defraud or harm another person. Texas Penal Code § 31.31.

The act of forgery means to alter, make, complete, execute, or authenticate any writing so that it purports to be the act of another who did not authorize that act; to have been executed at a time or place or in a numbered sequence other than was in fact the case; or to be a copy of an original when no such original existed.

A “Writing” includes:

Printing or any other method of recording information
Money, coins, tokens, stamps, seals, credit cards, badges, and trademarks
Symbols of value, right, privilege, or identification

This punishment range for forgery is dependent on the type of document forged:

Forgery as a Class A Misdemeanor:
- Any forged document is punishable for up to one year in jail and maximum fine of $4,000.
Forgery as a state jail felony:
- Any forged will, deed, mortgage, security instrument or agreement, check, credit card, contract, release, or authorization to for payment of money or to debit a financial account is punishable by up to 2 years in jail and $10,000 fine.
Forgery as third-degree felony:
- Any forged paper money (cash), stocks or bonds, postage or revenue stamps, a government record, or an item issued by a state or national government would subject to you a maximum of 10 years in state prison and $10,000 fine.

An experienced attorney serving Conroe could review the full list of possible fraud charges and their associated penalties upon conviction during a confidential consultation.

Effect of a Fraud Conviction on Non-Citizens

A Texas fraud conviction can have devastating immigration consequences that lead to deportation from the United States. While immigration law can vary between different federal circuits, the 5^th Circuit Court of Appeals (i.e. Texas) has routinely held that many fraud convictions are classified as crimes involving moral turpitude because they involve elements of deceit and dishonestly.

Crime Involving Moral Turpitude (CIMT)

Under the Immigration and Nationality Act (INA), a noncitizen can be denied admission into the Unites States if convicted of a Crime Involving Moral Turpitude (CIMT). INA § 212(a)(2)(A)(i)(I). The Board of Immigration Appeals (BIA) has held that a CIMT are offenses that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one’s fellow man or society in general. There is also a similar CIMT provision that can trigger removal under INA § 237(a)(2)(A)(i).

Beating the charges against you is essential based on these repercussions alone. A proactive fraud lawyer in Conroe could build a defense strategy that makes prevailing at trial possible.

Talk to a Conroe Fraud Attorney Right Away

If you are facing fraud allegations, whether at the state or federal level, Raphael Ortega is here to help. As a former prosecutor and ICE trial attorney, he understands what makes a viable defense in your case. Instead of putting yourself at risk by acting as your own attorney, rely on experienced and aggressive legal counsel that is not afraid to fight for you. Call a Conroe fraud lawyer today for a free consultation.