Credit card fraud is generally a third-degree felony in Texas. There may also be enhanced penalties depending on the victim involved.
Theft by Deception Charges
For example, penalties increase when the fraud is committed against an elderly individual. If fraud involves exploitation of a child, elderly individual, or disabled individual, the crime may be charged as a third-degree felony. Anyone convicted of fraud may also be ordered by the court to make restitution to the victim s of the offense, including reimbursement for lost income or other expenses. Insurance fraud can involve just about any type of insurance.
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Some of the most common types of insurance fraud involve property insurance, car insurance, or medical insurance. Insurance fraud can involve a policyholder trying to defraud the insurance company or even a doctor who commits fraud to wrongfully get payment from an insurance company.
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In addition to jail time and fines, the court may order a defendant to pay:. If you've been charged with fraud in Texas, the Law Office of E. To set up a free consultation, contact the Law Office of E. Jason Leach today at Fraud Charges in Texas. However, forgery can be a felony when the writing is purported to be: a will a deed a mortgage a security instrument a credit card, or a check.
McAuley immediately detained Lawson, who admitted right away that he had stolen the items, and Lawson was eventually charged with shoplifting and criminal trespass.
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Lawson had at least three outstanding warrants, most of which were related to traffic violations, including a DUI. On 9 January, a warrant was issued for Lawson that escalated his shoplifting charge to a felony because, according to the arrest affidavit, Lawson was not allowed to be inside Walmart at all.
Therefore his return fraud was a burglary — a felony punishable by up to 12 years of prison. It turned out that Lawson had been arrested for shoplifting a bra over four years earlier from another Walmart location. They are not consistently enforced: Lawson, for example, had entered Walmart locations countless times since receiving his notification. He had made returns, purchased goods, and even showed his ID to buy food using his EBT card, all without a problem.
Texas Credit Card Fraud Laws
The only people who have access to the notices are loss prevention staff. The law in Tennessee is confusing when it comes to prosecuting shoplifters on felony charges, so the decision is left to local prosecutors. Charme Allen, the Knox county district attorney, vowed after the Jensen appellate decision to keep up-charging shoplifters anyway. These prosecutions have been a valuable tool to protect businesses from repeat offenders and to ensure that Knox County remains a safe place for businesses to operate.
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Some states also make the theft of certain items automatic felonies. The sentencing range for a misdemeanor theft by deception can include probation up to a year or two in jail. The range of punishment for a felony theft by deception can range from probation to twenty years or more in prison.
Once a defendant is sentenced to prison, their earning power decreases which reduces the opportunities for restitution payments. Any plea bargain should try to resolve all potential criminal issues. A common ancillary charge to theft by deception is securing execution of a document by deception. If a victim signs over title to a defendant based on a deceptive act, the defendant could be prosecuted for theft by deception or securing execution of document by deception.