Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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False Statement to Obtain Property or Credit or In the Provision of Certain Services

False Statement to Obtain Property or Credit or In the Provision of Certain Services

Chapter 32 of the Texas Penal Code defines offenses relating to fraud.

“False Statement to Obtain Property or Credit or in The Provision of Certain Services”, as per § 32.32 of the Texas Penal Code, occurs when a person intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit, including a mortgage loan.

A person commits an offense if the person intentionally or knowingly makes a materially false or misleading written statement in providing an appraisal of real property for compensation.

An offense under this section is:

  • a Class C misdemeanor if the value of the property or the amount of credit is less than $100;

  • a Class B misdemeanor if the value of the property or the amount of credit is $100 or more but less than $750;

  • a Class A misdemeanor if the value of the property or the amount of credit is $750 or more but less than $2,500;

  • a state jail felony if the value of the property or the amount of credit is $2,500 or more but less than $30,000;

  • a felony of the third degree if the value of the property or the amount of credit is $30,000 or more but less than $150,000;

  • a felony of the second degree if the value of the property or the amount of credit is $150,000 or more but less than $300,000; or

  • a felony of the first degree if the value of the property or the amount of credit is $300,000 or more.

Severity of Crime

Misdemeanor c

  • Fine not to exceed $500

Misdemeanor B

  • Confinement in jail for a term not to exceed 180 days

  • Fine not to exceed $2,000

  • Both such fine and confinement

Misdemeanor A

  • Confinement in jail for a term not to exceed one year

  • Fine not to exceed $4,000

  • Both such fine and confinement

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days

  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree FelonY

  • Imprisonment in the institutional division for not more than 20 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

  • Imprisonment in the institutional division for life, or

  • Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon

  • In addition to imprisonment, may receive a fine not to exceed $10,000