Insurance fraud can is one of the most commonly charged white-collar crimes in the Dallas / Fort Worth Metroplex. Fraud charges can arise from car or auto collisions, workers’ compensation claims, healthcare or medical claims, property damage claims, fire damage claims, and life insurance claims.
A conviction for insurance fraud in Dallas can result in serious penalties and repercussions, including a criminal record, hefty fines, and/or jail or prison time. Additionally, since it is considered a crime of moral turpitude or dishonesty, a conviction can result in a loss of certain professional licenses, ineligibility to apply for certain jobs or occupations, and an inability to pursue certain educational opportunities.
An arrest does not necessarily have to result in a criminal conviction. The prosecution must prove you committed every element of the offense beyond a reasonable doubt. The charges against you may be reduced or even dismissed if the judge or jury has any doubt that you committed an element of insurance fraud. Therefore, it is important to consult an experienced criminal defense attorney who will help you identify the best legal strategy for your particular situation.
Insurance Fraud Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
Dallas criminal defense attorney Richard McConathy is knowledgeable in all areas of Texas’ white-collar crimes and will make every effort to help you achieve the most desirable outcome for your particular case.
Insurance Fraud in Dallas
According to Tex. Penal Code § 35.02(a), an individual can be charged if they commit certain actions in support of a claim for payment under an insurance policy with the intent to defraud or deceive an insurer. These actions can include:
- Preparing or causing to be prepared a statement that the alleged offender knows contains false or misleading material information and is presented to the insurer; or
- Presenting or causing to be presented a statement the alleged offender knows contains false or misleading material information to the insurer.
This form of fraud can result in a conviction ranging from a Class C misdemeanor to a felony of the first degree, depending on the value of the claim.
An individual can also be charged with insurance fraud under Tex. Penal Code § 35.02(a-1) if they prepare or cause to be prepared a statement in support of an application for an insurance policy that the alleged offender knows contains false or misleading material information and is subsequently presented to an insurer. This form is punishable as a state jail felony.
Additionally, according to Tex. Penal Code § 35.02(a-1), an individual can be charged if they present or cause to be presented a statement in support of an application for an insurance policy that the alleged offender knows contains false or misleading material information. This form of insurance fraud can result in a state jail felony conviction.
An individual can be charged with insurance fraud under Tex. Penal Code § 35.02(b) in Dallas if they solicit, offer, pay or receive a benefit in connection with the furnishing of goods or services for which a claim for payment is submitted under an insurance policy with the intent to defraud or deceive an insurer. This can result in a conviction ranging from a Class C misdemeanor to a felony of the first degree, depending on the value of the claim.
Definitions Associated with Insurance Fraud in Dallas
Many terms associated with insurance fraud claims are defined in section 35.01 of the Texas Penal Code, and are as follows:
- Insurance Policy – This is a written statement, which provides the terms of any certificate of insurance, binder of coverage, contract of insurance, benefit plan, nonprofit hospital service plan, motor club service plan, surety bond, cash bond, or any other alternatives to insurance.
- Insurer – This is the company or person who provides insurance coverage or the insurance policy.
- Insured – This is the individual who is covered by the insurance policy, and is also generally the claimant.
- Value of the Claim – This is the total dollar amount of a claim for payment under an insurance policy.
Penalties for Dallas Insurance Fraud
The penalties for these offenses in Texas are listed in Chapter 12 of the Texas Penal Code. The degree of conviction can vary depending on the form of insurance fraud, whether the offense can cause death or injury, and the value of the claim. The penalties are as follows:
- An individual charged can be convicted of a Class C misdemeanor if the value of the claim is less than $50, which is punishable by a fine up to $500.
- An individual charged can be convicted of a Class B misdemeanor if the value of the claim is $50 or more but less than $500, which is punishable by a jail sentence up to 180 days and/or a fine up to $2,000.
- An individual charged can be convicted of a Class A misdemeanor if the value of the claim is $500 or more but less than $1,500, which is punishable by a jail sentence up to one year and/or a fine up to $4,000.
- An individual charged can be convicted of a state jail felony if the value of the claim is $1,500 or more but less than $20,000, which is punishable by a jail sentence ranging from 180 days to two years and/or a fine up to $10,000.
- An individual charged can be convicted of a felony of the third degree if the value of the claim is $20,000 or more but less than $100,000, which is punishable by a prison sentence ranging from two to ten years and/or a fine up to $10,000.
- An individual charged can be convicted of a felony of the second degree if the value of the claim is $100,000 or more but less than $200,000, which is punishable by two to 20 years in prison and/or a fine up to $10,000.
- An individual charged can be convicted of a felony of the first degree if the value of the claim is $200,000 or more or the offense places an individual at risk of death or serious bodily injury, which is punishable by five to 99 years in prison or life imprisonment and/or a fine up to $10,000.
Find A Dallas County Defense Attorney for Insurance Fraud Attorney | Law Offices of Richard C. McConathy
Contact us today for a consultation about your alleged insurance fraud offense throughout Dallas County in Texas. Richard McConathy is an aggressive Dallas white-collar defense attorney who will make every effort to help you avoid the most serious penalties and repercussions of your alleged offense.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.