Criminal defense across Denton County and Collin County
Misapplication of Fiduciary Property or Property of Financial Institution
Chapter 32 of the Texas Penal Code defines offenses relating to fraud.
“Misapplication of Fiduciary Property or Property of Financial Institution”, as per § 32.45 of the Texas Penal Code, occurs when a person intentionally, knowingly, or recklessly misapplies property he holds as a fiduciary or property of a financial institution in a manner that involves substantial risk of loss to the owner of the property or to a person for whose benefit the property is held.
An offense under this section is:
a Class C misdemeanor if the value of the property misapplied is less than $100;
a Class B misdemeanor if the value of the property misapplied is $100 or more but less than $750;
a Class A misdemeanor if the value of the property misapplied is $750 or more but less than $2,500;
a state jail felony if the value of the property misapplied is $2,500 or more but less than $30,000;
a felony of the third degree if the value of the property misapplied is $30,000 or more but less than $150,000;
a felony of the second degree if the value of the property misapplied is $150,000 or more but less than $300,000; or
a felony of the first degree if the value of the property misapplied is $300,000 or more.
An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04.
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Misdemeanor B
Confinement in jail for a term not to exceed 180 days
Fine not to exceed $2,000
Misdemeanor A
Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
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 and not 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 and not less than two years
First Degree Felony
Imprisonment in the institutional division for life, or
Imprisonment in the institutional division for not more than 99 years or not 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.
Chapter 32 of the Texas Penal Code defines offenses relating to fraud. “Misapplication of Fiduciary Property or Property of Financial Institution”, as per § 32.45 of the Texas Penal Code, occurs when a person intentionally, knowingly, or recklessly misapplies property he holds as a fiduciary or property of a financial institution in a manner that involves substantial risk of loss to the owner of the property or to a person for whose benefit the property is held.
Punishment Range 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 Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You
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