There are various types of fraud that one can find themselves charged with, but one element fraud crimes generally have in common is intent.
Intent is a major element in fraud cases. If you are charged with a fraud-related crime, the prosecution must prove that you had the specific intent to defraud someone else.
This is often challenging without solid evidence, such as a confession or written statement where you declare your intent to defraud. Without any evidence, the prosecution is left trying to prove what you were thinking at the time you committed the crime.
How innocent actions can lead to a fraud charge
You may have found yourself in a situation here you made a mistake or accidentally provided the wrong information to someone without any intent to deceive. This is easy to do in situations involving complex business, legal or financial transactions involving large volumes of complicated information.
Sometimes victims of fraud are accused of fraud themselves. Perhaps you were given information you believed was true and passed it along to someone else, only to find out the information was false. You then find yourself accused of trying to deceive the person.
These are just some examples of innocent situations that can lead to a fraud charge. You should take a fraud charge seriously since it comes with major criminal penalties and could damage your personal and professional reputations.
Protecting yourself after a fraud charge
When you are accused of fraud in Texas, it is important to act quickly and know your rights. The facts and circumstances surrounding your case must be thoroughly examined, as details count when it comes to white-collar crimes such as fraud.
Lacking the necessary intent is a commonly used defense in fraud cases. You could also argue that the prosecution has insufficient evidence to prove your intent.
If the prosecution realizes this, they may try to negotiate with you to reduce the charges. Before you agree to a plea bargain, you should know your chances of having the fraud charge dismissed altogether for lack of evidence.