Houston Mail Fraud Lawyer
SKILLED FEDERAL MAIL FRAUD DEFENSE ATTORNEYS, HOUSTON TX
Mail and wire fraud are commonly thought of as federal offenses, but they can be charged at the State level as well. Texas Penal Code Chapter 32 outlines all of the fraud offenses in the state and the potential penalties associated with a conviction. If convicted of Texas Mail Fraud, you could face high fines and significant jail time. It is essential to contact a knowledgeable Texas Criminal Defense Attorney if you are being investigated for a white-collar crime. Our Houston Mail Fraud Lawyer is a former state and federal prosecutor that will fight hard to protect your rights and your freedom. Contact James Alston Law today for a consultation at (713) 228-1400.
Penalties for Committing Mail Fraud in Texas
Depending on the circumstances of the case, you could face years in prison if convicted of fraud in the State of Texas. There may be additional penalties if the fraud is perpetrated against the elderly or a disabled person. Under the Texas Penal Code, a person may be convicted of a Class A, B, or C misdemeanor. Punishments for conviction of a misdemeanor are as follows:
- Class A Misdemeanor – punishable by up to one year in jail, a fine not to exceed $4,000 or both.
- Class B Misdemeanor – punishable by up to 180 days in jail, a fine not to exceed $2,000, or both.
- Class C Misdemeanor – punishable by a fine not to exceed $500.
Felony offenses are classified into degrees depending on the severity of the crime. A person may be convicted. Punishments for a felony conviction in Texas are:
- Capital Felony – punishable by up to life imprisonment in the Texas Department of Criminal Justice or the state may seek the death penalty.
- First-Degree Felony – punishable by up to life imprisonment in the Texas Department of Criminal Justice and a fine not to exceed $10,000.
- Second–Degree Felony – punishable by up to 20 years in prison and a fine not to exceed $10,000.
- Third-Degree Felony – punishable by up to 10 years in prison and a fine not to exceed $10,000.
- State Jail Felony – punishable by a state jail term of up to 2 years and a fine not to exceed $10,000.
Experienced Federal Mail Fraud And What To Know
Federal mail fraud is codified into law under 18 U.S.C. 1341. Courts have recognized the following two elements of mail fraud:
- “Having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), and
- Use of the mail for the purpose of executing, at attempting to execute, the scheme (or specified fraudulent acts.)”
Punishments for Federal Mail Fraud
If convicted of federal mail fraud, a person may be fined or imprisoned for not more than twenty (20) years, or both. According to the statute, if the scheme or attempt to defraud is committed in relation to a presidentially declared major disaster or emergency, or affects a financial institution, the penalties are increased to a maximum fine of $1,000,000 or a prison sentence of not more than thirty (30) years, or both.
Common Defenses to Federal Mail Fraud
There are a number of defenses that may arise in a federal mail fraud case. It is imperative that you retain the services of a knowledgeable defense attorney if you have been charged with mail fraud. Recognized defenses to mail fraud include:
- Statute of limitations
- Good Faith
- Mistake of Fact
- Lack of Intent
Get A Houston Mail Fraud Lawyer Who Will Defend You
Attorney James Alston understands that fraud charges can ruin your reputation and your career. He is a seasoned litigator that will not hesitate to take your case to trial in order to get the best possible outcome in your case. As a former state and federal prosecutor, he understands how the other side works. He will prepare a strategic defense in your case, always working to get your charges reduced or dismissed. As a prosecutor with the Harris County District Attorney’s Office, he was assigned to the Major Fraud Division. He spent years prosecuting white-collar crimes. Now he uses this knowledge to help vigorously defend the rights of everyday people. Contact James Alston Law today for your consultation at (713) 228-1400.