Facing Identity Theft Charges in Texas

Both Texas and the federal government may take an aggressive approach to prosecute identity theft charges. And a conviction can leave a lasting impact on your life. However, it’s critical to remember that being accused of a crime doesn’t make you guilty. Identity theft charges may even stem from a misunderstanding, incorrect assumption, or weak evidence. With a dedicated attorney, you have a better shot at fighting the charges and potentially achieving a positive outcome.

Identity theft laws in Texas

Under Texas law, identity theft occurs when “someone uses another person’s personal identifying information without permission. They may use the stolen information to make purchases or open accounts.”

Information that Texas considers personal for the purposes of the law includes a person’s:

• Name
• Date of birth
• Social security number
• Mother’s maiden name
• Government-issued identification number
• Biometric data (fingerprint, voice print, retina or iris image, etc.)
• Electronic identification numbers
• Addresses or routing codes

Additionally, it includes telecommunication access devices, such as “a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access.”

Beyond that, Texas law also recognizes identity theft trafficking, which may involve selling or transferring personal information while knowing or having reason to believe it will be used for illegal purposes. Examples might include participation in fraud rings, data breaches, and online black-market sales of stolen personal data.

Penalties for identity theft in Texas

Many factors can influence the severity of identity theft charges in Texas. The state does consider identity theft crimes felonies. The categories include the following, which are based on the number of items a person obtains, possesses or transfers.

• Less than five items – State jail felony, punishable by 180 days to two years in state prison plus a fine of up to $10,000.
• Five to nine items – Third-degree felony, carrying two to ten years in prison and a fine of up to $10,000.
• Ten to 49 items – Second-degree felony, with a potential sentence of two to 20 years in prison and a fine of up to $10,000.
• Fifty or more items – First-degree felony, punishable by 5 to 99 years in prison, plus a $10,000 fine.

Remember that a felony conviction can have consequences beyond jail time and fines. It can damage your reputation and make it difficult to find employment.

Defending against identity theft charges in Texas

If you’re facing identity theft charges, it’s important to understand that the burden of proof is on the prosecution. Instead of forcing you to prove your innocence, they must prove beyond a reasonable doubt that you knowingly and intentionally used someone else’s information to commit fraud. Common defenses include:

• Lack of intent – Simply possessing someone else’s information isn’t enough for a conviction. If there was no intent to commit fraud, the charges may not hold up in court.
• Consent – If the alleged victim gave you permission to use their information, this could serve as a defense.
• Unlawful search and seizure – If law enforcement violated your rights by seizing evidence without a proper warrant, that evidence may be inadmissible. This can make it impossible for the prosecution to effectively pursue the charges against you.
• Mistaken identity – It’s not uncommon for innocent people to be falsely accused due to identity mix-ups, clerical errors, or fraud committed in their name.
• Insufficient evidence – If the prosecution’s case is weak or lacks solid proof, your attorney may be able to get the charges dismissed.

Why you need a skilled Texas defense attorney

Identity theft charges can be exceptionally technical and complicated. They may involve digital evidence, financial records, and legal nuances that require a strong defense strategy. Your defense lawyer can help you by:

• Reviewing the evidence for weaknesses or errors
• Challenging whether law enforcement followed proper procedures
• Identifying whether your constitutional rights were violated
• Negotiating for reduced charges, case dismissal, or alternative sentencing
• Representing you in court and arguing on your behalf
• Counseling you about your legal rights and possible options

It’s important not to panic when you are facing charges. Accusations of identity theft, and even charges, do not automatically mean that you are certain to be convicted. The justice system includes many protections that are meant to safeguard the accused. A strong legal defense can offer you a chance to fight back against the charges.

Get the legal help you need

If you or someone you love is facing identity theft charges in Texas, don’t wait to take action. The sooner you get a defense lawyer involved, the better your chances of fighting the charges. Contact Mary Beth Harrell Criminal Defense and DWI Lawyers today to discuss your case and explore your legal options.