San Antonio Fraud Defense Attorney

Fraud Cases We Handle

Justin Fowlks is a San Antonio fraud defense attorney who defends clients throughout Bexar, Comal, Guadalupe, and Kendall counties against the full range of financial crime allegations, including the following.

Texas Fraud Laws and Penalties

Texas groups most fraud offenses under Chapter 32 of its Penal Code, with insurance fraud in Chapter 35. The penalty for individual charges varies widely based on dollar amount and, in some cases, the number of items involved. Here are some key points worth knowing:

• New forgery penalties: Forging a check, contract, deed, or credit card is a third-degree felony; forging money, securities, or government records is a second-degree felony. When forgery is used to obtain property or services, the grade can climb with the value, up to a first-degree felony at $150,000 or more.
• Card abuse is a separate offense: Credit and debit card abuse remains a state jail felony on its own, rising to a third-degree felony if the alleged victim is elderly.
• Intent is required: The state must prove that the accused intended to defraud or harm someone, not just that a mistake or dispute occurred.
• Item counts matter for identity theft: Fraudulent use of identifying information goes from a state jail felony to a first-degree felony as the number of items involved increases.

What to Do If You're Charged with Fraud

What happens in the first few days after a fraud allegation surfaces often influences the rest of the case more than anything that happens later in court. If you’ve been accused of any form of fraud, it’s critical to take the following steps:

• Don’t talk to investigators: Anything you say before you have a lawyer representing you can end up in a probable cause affidavit or indictment.
• Call an attorney immediately: Making statements without representation will be much more damaging to your case than delaying long enough to get legal advice.
• Hold onto every relevant document: Bank statements, emails, texts, and receipts tied to the transaction can support your side later. Never delete or alter records once you know of an investigation.
• Let your lawyer handle all communication: Talking directly to a bank, an insurer, or an alleged victim can result in statements that the state can later use against you.

These steps can't guarantee the case won’t proceed, but they keep you from handing prosecutors evidence.

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A Fraud Charge Doesn’t Have to Overshadow Your Future

The attorneys at Fowlks Law Firm know how to review the state's evidence, the alleged dollar amount, and the paperwork underlying your charge to build a defense tailored to your situation. Reach out today to talk through your case with a San Antonio-area fraud defense attorney.

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Common Defense Strategies in Fraud Cases

Every fraud case comes down to what the state can prove and what it can’t. With that in mind, here are some of the potential defenses your attorney might raise on your behalf.

Lack of Intent to Defraud

A fraud conviction requires proof that the accused intended to deceive someone, not just that money changed hands or a document was signed. We’ll look for evidence that the state has recast a genuine misunderstanding, an informal arrangement, or a business dispute as a crime.

Disputed Value or Item Count

Because the charge level in most fraud cases comes down to the dollar amount or number of items involved, we push back on the state's calculation when the underlying records don’t support it. A recalculated total could reduce your charges from a felony to a misdemeanor or take them off the table entirely.

Inconclusive Paper Trail

Bank records, signatures, emails, and transaction logs make up the backbone of most fraud prosecutions, and the paper trail is rarely as clean as the state makes it out to be. We’re prepared to bring in document examiners and financial analysts to verify whether the records show what prosecutors claim.

Pretrial Diversion and Deferred Adjudication

For eligible clients, often those with no prior record, a pretrial diversion agreement can end in dismissal, and deferred adjudication can resolve a case without a final conviction. Both may open the door to expunction or nondisclosure later. We start these conversations with the prosecutor's office early, often before a grand jury acts.

Why Choose Fowlks Law Firm?

How a Fraud Case Moves Through Texas State Court

Fraud cases progress in four distinct stages, each of which calls for different proactive measures and legal responses. Here’s how your case will proceed.

State vs. Federal Fraud Charges

Whether a fraud allegation stays in state court or moves to federal court determines how it’s charged, who prosecutes it, and the general timetable surrounding it:

The court that a particular case lands in isn't up to the person facing the charge, and it changes what the defense has to plan for from the outset.