In Texas, it’s a crime to deceive someone in any way so they can sign an important document, which includes public servants. The offense is a type of fraud that can result in serious life-changing penalties. Depending on the circumstances, you could face up to a first-degree felony if the value of the property, service, or pecuniary interest is at $300,000 or more.
If you’ve been accused of securing execution of a document through deception, then it’s crucial you contact a skilled fraud defense attorney. A knowledgeable white collar crime lawyer can assess the case and determine if there are any holes in the prosecution’s argument. They can then utilize this information to aggressively and skillfully defend you in court. Get ahead of the prosecution and start building your defense today to avoid the full statutory penalties.
Securing Execution of Document by Deception Attorney in Austin, TX
Were you recently charged with securing execution of a document by deception? If so, we urge you to contact Kevin Bennett of The Law Office of Kevin Bennett to resolve your charges. Attorney Bennett is a reputable attorney in the Austin area whose helped hundreds of clients avoid the harsh statutory penalties of a white-collar crime such as securing a document by deception. Call today to start working on your defense with Kevin Bennett as soon as possible.
Call The Law Office of Kevin Bennett at (512) 476-4626 to set up your first consultation free. The Law Office of Kevin Bennett accepts clients throughout the greater Travis County area including Austin, Pflugerville, Lakeway, Bee Cave, Lago Vista, and West Lake Hills.
Information Center:
- What is Securing Execution of Document by Deception in Texas?
- Texas Penalties for Securing Execution of a Document by Deception
- Additional Resources
What is Securing Execution of Document by Deception in Texas?
Important financial and personal documents should never be signed under duress or deception. In Texas you can be arrested if you deceive another person into signing an important document. Before you can learn the elements of the crime, it’s important you understand what “deceive” means under Texas law. According to the Texas Penal Code Section 31.01, it states a person can be deceptive by doing any of the following:
- Lying or misrepresenting laws or facts so you can influence the judgement of another in a transaction and you’re aware the fact/law isn’t true.
- Failing to correct a false idea of the law or fact because it will likely affect the judgement of the other person and you’re aware the idea is false.
- Preventing another person from acquiring information that would likely affect their final judgement when signing a document
- Selling, transferring, or encumbering property without disclosing a lien, adverse claim, security interest, or other legal impediment to the enjoyment of the property and you’re aware the act was not valid or is not a matter of official record.
- Promising performance that is likely to influence another’s judgement and you know you don’t intend to perform those promised services
The elements for securing execution of document by deception can be found under the Texas Code § 32.46. The statute states a person commits securing execution of a document by deception if they do one of the following with intent to defraud or harm the other person.
- Cause another person to execute or sign a document that affects their property or service of the pecuniary interest of any person; OR
- Cause or induce a public servant to record or file any purported judgement or other document claiming to memorialize or evidence an act, an order, a directive, or process of any of the following:
- A purported judicial entity not expressly established or created under the constitution or laws of this state or the U.S.
- A purported court not expressly established or created under the constitution or laws of this state or the U.S.
- A purported judicial officer of a purported court or judicial entity described above
An example of securing execution of a document by deception include deceiving a family member into signing up for food stamps with misrepresented facts.
Texas Penalties for Securing Execution of Document by Deception
The penalty for securing execution of a document by deception depend on whether you deceived a public servant and the amount defrauded. If you didn’t deceive a public servant, then you can find the penalty for your charges below categorized by the value of the property, service, or pecuniary interest that was defrauded.
| Value of Property, Service, or Pecuniary Interest Lost |
Offense Classification |
Jail/Prison Term |
Fine |
| Less than $100 | Class C Misdemeanor | N/A | $500 |
| At least $100, but no more than $750 | Class B Misdemeanor | $2,000 | Up to 180 days in jail |
| At least $750, but no more than $2,500 | Class A Misdemeanor | $4,000 | Up to one year in jail |
| At least $2,500, but no more than $30,000 | State Jail Felony | $10,000 | Up to two years in jail |
| At least $30,000, but no more than $150,000 | Third-Degree Felony | $10,000 | Up to 10 years in prison |
| At least $150,000, but no more than $300,000 | Second-Degree Felony | $10,000 | Up to 20 years in prison |
| $300,000 or more | First-Degree Felony | $10,000 | Up to 99 years in prison |
Additional Resources
Secure Execution Doc Deception Laws – Visit the official website for the Texas statutes to learn more about the laws for securing a document through deception. Access the site to learn more about the elements of the crime, admissible defenses, and other related fraudulent crimes.
Two Ex-NFL Players Indicted Health Insurance Scam – Visit the official website for KCENTV to learn more about the eight former NFL players from Texas charged with securing execution of document by deception. Access the site to learn how they filed claims of rehabilitation on behalf of their trainers and owner of a rehab facility.
Fraud Attorney for SEDD Charges in Travis County, TX
If you or someone you know has been charged with securing execution of a document by deception, then it’s imperative you seek experienced and trusted representation with The Law Office of Kevin Bennett. Kevin Bennett of The Law Office of Kevin Bennett has years and years of experience under his belt aggressively advocating for his clients charged with theft and white collar crimes. His knowledge from his previous cases combined with his in-depth understanding of finance can give you the upper hand.
Set up your first consultation with an experienced Austin white collar defense attorney by calling (512) 476-4626. The Law Office of Kevin Bennett accepts clients throughout the Travis County area including Lakeway, Bee Cave, Pflugerville, Lago Vista, Austin, Manor, Rollingwood and West Lake Hills.
