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Common Defenses to Fraud Crimes

How to defend a fraud crime

Anyone who is facing fraud crimes charges in Dallas, under state or federal law, needs to begin working with an experienced Texas fraud crimes defense attorney as soon as possible to start developing a defense strategy. It is important to understand that the best defense strategies are tailored to the facts of a person’s individual case. It will be critical to build a defense that considers both the particular facts surrounding your arrest, as well as the elements of the offense with which you have been charged. At the Law Office of Patrick J. McLain, PLLC, we have years of experience representing clients in a wide variety of state and federal criminal cases, and we can speak with you today about potential defense strategies for your case. In the meantime, the following are common defenses applied to fraud crimes cases.

Lack of Intent

Most fraud crimes, and federal fraud offenses in particular, have the required element of intent. To be clear, the prosecutor must prove that you intended to defraud a person or entity, or that you intended to engage in a fraud scheme, regardless of whether the fraud actually occurred or anyone experienced losses as a result of alleged fraudulent intent. Without the ability to prove intent, the prosecution cannot win its case. Accordingly, if you can show that you engaged in certain actions but never intended to defraud, you may be able to build a strong defense.

You Were Under Duress

Even if the prosecution can prove that you intentionally engaged in an act designed to defraud or an act that actually resulted in fraud, you may be able to raise the defense of duress if you were compelled to engage in fraudulent activity. To be clear, duress as a legal defense does not mean that you were under financial stress or financial duress and committed a crime as a result. Rather, it means that a third party placed unlawful pressure on you to commit the unlawful act. That kind of unlawful pressure, or duress, might include threatening your physical well-being or safety, or threatening the safety or well-being of a family member.


If a law enforcement official coerced you to engage in fraud, or any of the elements of the fraud offense for which you are facing charges, you may be able to raise the defense of entrapment. 

Constitutional Violation

In some fraud cases, the government’s case is built on evidence that was obtained as a result of a constitutional violation, such as a violation of the Fourth Amendment and your protections against unreasonable search and seizure. If the evidence against you in a fraud case was obtained in a search for which the law enforcement officials or investigators did not have probable cause or did not have a warrant, a strong defense may include raising the issue of a constitutional violation.

Contact Our Dallas Fraud Crimes Defense Attorneys

If you are facing fraud charges in Texas, one of our aggressive Dallas fraud defense attorneys can speak with you today about your case. Do not hesitate to get in touch with us to learn more about how we can assist you and what defense may be relevant to your case. Contact the Law Office of Patrick J. McLain, PLLC today for more information.

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