Houston Insurance Fraud Defense
Among the white collar crimes charged in the Greater Houston area, insurance fraud is one of the most common. Insurance fraud charges can stem from insurance claims concerning property damage, auto or car collision, fire damage, workers’ compensation, life insurance and medical or healthcare.
Insurance fraud is a serious felony offense. In addition to lengthy incarceration and steep fines, a felony charge may result in a permanent criminal record that could ruin your reputation, employment and future. Insurance fraud is also a crime of moral turpitude or dishonesty. A conviction can cause a person to lose certain professional licenses and to be ineligible to pursue employment in certain jobs or occupations. Indeed, just being charged with a felony offense can result in extreme stress and anxiety.
It is important to protect your reputation, freedom and future by retaining a criminal defense attorney who can effectively defend you in court. Just because you were arrested for insurance fraud does not necessarily mean that you have to be convicted of the felony offense. A skillful trial lawyer may be able to get the charges against you dismissed or reduced to a misdemeanor prior to trial. In order to convict you at trial, the prosecutor has the burden to prove you committed each and every element of the felony offense beyond a reasonable doubt. If the jury has a reasonable doubt, you will be acquitted. Therefore, it is essential to contact an experienced criminal defense lawyer who will work with you to craft the best legal defense.
Harris County Insurance Fraud Defense Lawyer
Houston criminal attorney James G. Sullivan is experienced in defending white collar crimes such as insurance fraud. With 25 years of criminal defense work, Sullivan has the knowledge and experience to put forth an aggressive and productive defense strategy.
Contact James Sullivan at (281) 546-6428 for a free consultation and preliminary case analysis.
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Insurance Fraud in Houston
According to Texas Penal Code § 35.02(a), a person commits insurance fraud if, with intent to defraud or deceive an insurer, the person, in support of a claim for payment under an insurance policy:
- prepares or causes to be prepared a statement that:
- the person knows contains false or misleading material information; and
- is presented to the insurer; or
- presents or causes to be presented to an insurer a statement that the person knows contains false or misleading material information.
Depending on the value of the claim, a criminal charge for insurance fraud under this subsection can range from a Class C misdemeanor to a felony of the first degree.
According to Texas Penal Code § 35.02(a-1), a person can also commit insurance fraud if the person, with intent to defraud or deceive an insurer and in support of an application for an insurance policy:
- prepares or causes to be prepared a statement that:
- the person knows contains false or misleading material information; and
- is presented to an insurer; or
- presents or causes to be presented to an insurer a statement that the person knows contains false or misleading material information.
A criminal charge for insurance fraud under this subsection is a state jail felony.
Additionally, according to Texas Penal Code § 35.02(b), a person also commits insurance fraud if, with intent to defraud or deceive an insurer, the person solicits, offers, pays, or receives a benefit in connection with the furnishing of goods or services for which a claim for payment is submitted under an insurance policy. Depending on the value of the claim, a criminal charge for insurance fraud under this subsection can range from a Class C misdemeanor to a felony of the first degree.
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Punishment for Insurance Fraud in Harris County
In Texas, the punishment for insurance fraud is listed in Chapter 12 of the Texas Penal Code. Depending on the value of the claim, a conviction can result in a range of punishment as follows:
- If the value of the claim is less than $100, a class C misdemeanor is punishable by a fine up to $500.
- If the value of the claim is $100 or more but less than $750, a person charged with insurance fraud can be convicted of a Class B misdemeanor, which is punishable by a fine not to exceed $2,000, a jail sentence of up to 180 days, or both.
- If the value of the claim is $750 or more but less than $2,500, a person charged with insurance fraud can be convicted of a Class A misdemeanor, which is punishable by a fine not to exceed $4,000, a jail sentence of up to one year, or both.
- If the value of the claim is $2,500 or more but less than $30,000, a person charged with insurance fraud can be convicted of a state jail felony, which is punishable by a state jail sentence ranging from 180 days to two years and a fine of up to $10,000.
- If the value of the claim is $30,000 or more but less than $150,000, a person charged with insurance fraud can be convicted of a felony of the third degree, which is punishable by a prison sentence ranging from 2 to 10 years and a fine of up to $10,000.
- If the value of the claim is $150,000 or more but less than $300,000, a person charged with insurance fraud can be convicted of a felony of the second degree, which is punishable by a prison sentence ranging from 2 to 20 years and a fine of up to $10,000.
- If the value of the claim is $300,000 or more or an act committed in commission with the offense places a person at risk of death or serious bodily injury, a person charged with insurance fraud can be convicted of a felony of the first degree, which is punishable by a prison sentence ranging from 5 to 99 years or life and a fine up to $10,000.
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James G. Sullivan & Associates | Houston Insurance Fraud Attorney
If you are charged with insurance fraud in Texas, it is important to contact an experienced criminal defense attorney. In addition to representing you in court, it may be possible for such an attorney to defend you at the grand jury level. If your case has not yet been indicted by the grand jury, a knowledgeable attorney may be able to persuade the grand jury to no bill (dismiss) your case. If that were to happen, the case would be over, and you would have the right to seek an expunction of the charge from your record. If your case has already been indicted, an experience trial attorney may still be able to get your case dismissed, reduced to a misdemeanor or won at trial.
James G. Sullivan & Associates have a professional and experienced legal team with decades of experience in fighting criminal cases at trial. They provide personal attention and exceptional legal services. They will fight to protect your rights, freedom and future.
James Sullivan graduated from Baylor University in 1990 with a degree in Journalism, the ideal degree for investigating, discovering and telling winning stories in court. In 1993, Sullivan graduated from South Texas College of Law, which is nationally recognized as the top law school for trial advocacy.
James Sullivan later graduated from Gerry Spence’s Trial Lawyers College in Wyoming. Founded in 1994, it is the most selective and prestigious trial advocacy program in America. The methods taught at TLC are not taught anywhere else. The 1150 graduates form an extremely unique community of the most accomplished trial lawyers in the United States. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.
Contact James G. Sullivan & Associates for a free consultation at (281) 546-6428 about your insurance fraud charges in Harris County, Montgomery County, Fort Bend County, Brazoria County, Waller County, and throughout southeast Texas.
Contact James Sullivan at (281) 546-6428 for a free consultation and preliminary case analysis.
