OK, let's begin our discussion.
Let's assume for the sake of this discussion that the person has been accused of, tried, and found guilty of insurance fraud and the claim is that the money defrauded was over $20,000 but less than $100,000. According to the Penal Code of the State of Texas, this would mean that the individual was found guilty of a third degree felony (see previous posts).
This would also mean, that all other factors aside, the person has a punishment range that is open to him of 2 years to 10 years in jail and a $10,000.00 fine (once again, see previous posts). This is quite a large range of time for punishment. Two years is rough, but it is small compared to 10 years.
The first item that stands out, therefore, in examining the difference between Federal sentencing and Texas State sentencing is right from the very beginning, the Federal sentencing guidelines are much more precise.
Let's assume for the sake of this discussion that the person has been accused of, tried, and found guilty of insurance fraud and the claim is that the money defrauded was over $20,000 but less than $100,000. According to the Penal Code of the State of Texas, this would mean that the individual was found guilty of a third degree felony (see previous posts).
This would also mean, that all other factors aside, the person has a punishment range that is open to him of 2 years to 10 years in jail and a $10,000.00 fine (once again, see previous posts). This is quite a large range of time for punishment. Two years is rough, but it is small compared to 10 years.
The first item that stands out, therefore, in examining the difference between Federal sentencing and Texas State sentencing is right from the very beginning, the Federal sentencing guidelines are much more precise.
NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR
IS IT INTENDED TO BE LEGAL ADVICE. IF
THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.
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tausk
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