San Antonio Fraud Lawyer

Defending the Accused in San Antonio, Bexar County, and South Texas

Being charged with fraud can be an incredibly overwhelming and stressful experience. You may feel anxious, confused, and uncertain about your future. However, it is important to recognize that being accused does not automatically translate to guilt, and there are several legal avenues available for defense. With the assistance of a knowledgeable San Antonio fraud lawyer, those accused can explore various strategies to challenge the charges against them and seek a favorable outcome in court.

Dr. Baez is passionate about helping the accused avoid conviction. He has the knowledge and experience to help you fight your fraud charges and protect your rights. From scrutinizing the evidence to negotiating plea deals or preparing for trial, there are many options to consider when mounting a robust defense.

Dr. Baez is a seasoned criminal attorney who has successfully handled thousands of criminal cases. He is well-versed in the federal and state criminal justice systems. When you need an aggressive and dedicated advocate, The Law Offices of Dr. E.R. Baez, P.C. is the firm to call.

Contact us online or call (210) 361-1112 to schedule a consultation with our fraud attorney in San Antonio.

What Is Fraud in Texas?

Fraud is a criminal offense that involves obtaining something of value through dishonest means. This can include lying, misleading, or misrepresenting the truth in order to gain something you are not entitled to receive.

Examples of fraud include:

• Credit card fraud
• Identity theft
• Embezzlement
• Bank fraud
• Wire fraud
• Medicare/Medicaid fraud
• Healthcare fraud
• Securities fraud
• Insurance fraud
• Mail fraud
• Real estate fraud
• Mortgage fraud

How Much Time Do You Get for Fraud in Texas?

The punishment for fraud in Texas can vary significantly depending on the type of fraud committed, the amount of money or property involved, and whether the offense is classified as a misdemeanor or felony. In general, fraud in Texas is categorized as a criminal offense, and the penalties range from fines and restitution to substantial prison sentences.

Misdemeanor Fraud: In cases where the fraud involves smaller amounts of money or less severe circumstances, the charge may be classified as a Class A misdemeanor. The penalty can include up to one year in county jail and/or a fine of up to $4,000.

Felony Fraud: Most fraud offenses are felonies, and the severity of the punishment depends on the specifics of the case:

• State Jail Felony: If the fraud involves an amount between $2,500 and $30,000, the charge can be classified as a state jail felony, which carries a sentence of 180 days to 2 years in a state jail and a fine of up to $10,000.
• Third-Degree Felony: If the fraud involves between $30,000 and $150,000, it may be classified as a third-degree felony, with penalties including 2 to 10 years in prison and a fine of up to $10,000.
• Second-Degree Felony: For fraud cases involving between $150,000 and $300,000, the charge may be a second-degree felony, carrying 2 to 20 years in prison and up to $10,000 in fines.
• First-Degree Felony: Fraud involving amounts over $300,000 may be classified as a first-degree felony, with penalties that can include 5 to 99 years in prison and up to $10,000 in fines.

In some cases, victims of fraud may also seek civil remedies for damages, which could include restitution and additional monetary penalties. In addition, a fraud conviction can have a lasting impact on your personal and professional life, making it difficult to find a job, secure housing, or obtain professional licenses.

What are Common Defenses Against Fraud Allegations?

If you are facing fraud charges, you need a skilled fraud defense attorney in San Antonio on your side. At The Law Offices of Dr. E.R. Baez, P.C., we understand how these cases are prosecuted, and we know what it takes to mount an effective defense on your behalf.

Some of the most common defenses against fraud charges include:

• Lack of intent: In order to be convicted of fraud, the prosecution must prove that you intended to defraud someone. If we can prove that you had no intent to deceive, we may be able to get your charges reduced or dismissed.
• Mistaken identity: If you were falsely accused of fraud, we can help you prove your innocence. We will carefully review all of the evidence in your case and conduct a thorough investigation into the matter in order to find any evidence that can be used to support your defense.
• Entrapment: If the police used an undercover operation to catch you in the act of committing fraud, we will carefully review the details of the operation to determine if entrapment was a factor. If we can prove that you would not have committed fraud if you had not been coerced by the police, we may be able to get your charges dismissed.
• Insufficient evidence: In order to be convicted of fraud, the prosecution must prove that you committed the crime beyond a reasonable doubt. We will carefully review all of the evidence in your case and look for any inconsistencies or mistakes that can be used to support your defense.

What Is the Discovery Rule in Texas for Fraud?

In Texas, the discovery rule refers to the concept that the statute of limitations for filing a lawsuit based on fraud does not begin until the victim discovers, or should have discovered, the fraudulent activity. This rule is particularly important in cases where the fraud may have been concealed, and the victim was unaware of the wrongdoing until later.

For most fraud claims in Texas, the statute of limitations is four years. However, if the fraud was hidden or concealed, the discovery rule allows the victim to file a lawsuit up to four years from the date they discovered, or reasonably should have discovered, the fraud. This exception is meant to protect victims who may not immediately realize they have been defrauded.

For example, if a person is deceived into signing a contract or making a financial transaction under false pretenses, and they only later uncover the deception, the discovery rule would allow them to pursue a legal claim within four years of discovering the fraud.

How is the Fraud Investigation Process?

If you are facing fraud charges, it is important to understand the investigation process. In many cases, fraud investigations can take months or even years to complete. This is because these cases often involve complex financial transactions and multiple parties. The police will need to gather a significant amount of evidence in order to prove your guilt beyond a reasonable doubt. However, you do not have to wait until the investigation is complete to consult with an attorney. In fact, it is best to consult with an experienced attorney as soon as you become aware that you are under investigation.

Some of the most common types of evidence that are used in fraud cases include:

• Financial statements and records
• Emails and other types of digital communication
• Banking records
• Witness statements
• Surveillance footage
• Documents and other types of physical evidence

At The Law Offices of Dr. E.R. Baez, P.C., we can help you understand the investigation process and work diligently to protect your rights at every stage. If the police ask to speak with you, it is important to consult with a fraud defense attorney before answering any questions. We can help you avoid saying something that could be used against you later in court. We can also help you understand your rights and options and work diligently to help you avoid making any mistakes that could harm your case.

Always Ready to Take Your Call

If you are under investigation for fraud, you need to consult with an experienced attorney as soon as possible. At The Law Offices of Dr. E.R. Baez, P.C., we understand how these cases are prosecuted, and we know what it takes to mount an effective defense on your behalf. Our fraud lawyer in San Antonio can help you understand your rights and options and work diligently to protect your rights throughout the legal process.

Call us at (210) 361-1112 or fill out this online form today to schedule a consultation with our fraud attorney in San Antonio.