Defending Against Charges of Online Fraud in Texas

 Posted on March 28, 2024 in Criminal Defense

Whether you are accused of identity theft, hacking, phishing scams, or any other internet fraud, you must take the charges seriously from the start. A Texas lawyer is important to have on your side when your rights, freedom, and future are on the line. With the right legal strategy, you can fight back against these allegations and ensure your side of the story is told correctly.

Types of Online Fraud Charges

In Texas, several statutes can be used to prosecute online fraud cases. Common charges include:

• Fraud/Deceptive Trade Practices: This covers a wide range of deceptive online activities intended to unlawfully deprive others of money, property, or services.
• Identity Theft: Illegally obtaining and using another person’s identifying information, like name, date of birth, social security number, etc., for fraudulent purposes.
• Computer Crimes: Hacking, virus deployment, data theft, and other crimes targeting computer systems and data.

The Consequences Are Severe

Online fraud is treated very seriously under Texas law. Penalties can include hefty fines and potential prison sentences, even for first-time offenders. The exact punishments depend on factors like the monetary value involved and whether aggravating circumstances apply.

For example, the fraud/deceptive trade practices charge alone can lead to a state jail felony conviction within time in a state jail and a fine that can vary. Large-scale fraud over $300,000 is prosecuted as a first-degree felony.

Defending Your Case

If you or someone you know is facing accusations of online fraud in Texas, it is essential to secure legal representation promptly. An aggressive defense strategy will be key to protecting your rights, freedom, and future.

Some potential defense strategies, which depend on the circumstances:

• Lack of intent: Many fraud charges require proving intentional deception. Your lawyer may argue you lacked the requisite criminal intent.
• Entrapment: If law enforcement used overly persuasive tactics to induce the alleged crime, an entrapment defense may apply.
• Fourth Amendment violations: Challenges to illegally obtained evidence or unconstitutional searches or seizures.
• Overcharging: Prosecutors sometimes “overcharge” in an attempt to gain a plea bargain advantage. Your defense may negotiate for reduced charges.
• Denial of allegations: If you maintain lawful online activities, your lawyer will aim to create reasonable doubt by poking holes in the prosecution’s case.

Contact a Cooke County, TX Criminal Defense Attorney

Regardless of the situation, you are entitled to a defense against allegations of online fraud. A Denton County, TX criminal defense lawyer is ideal to have on your side to determine which step you should take next. Call Magaña & Van Dyke at 940-382-1976 to start with a free consultation.