Identity theft is always treated as a felony under Texas law and a conviction can result in long prison sentences, heavy fines, and lasting damage to your personal and professional life. However, identity theft is not easy to prove and good identity theft lawyers know how to challenge the evidence even before any charges are brought forth.
At M|C Criminal Law, we understand the gravity of identity theft charges. Our team of experienced criminal defense attorneys, which includes former prosecutors, has the insight and expertise to help you navigate the complexities of your case. We are committed to protecting your rights, challenging the prosecution’s evidence, and building a defense that works in your favor.
We will fight to protect your freedom, but we need to know the details to prepare a defense. Contact us today to explain the situation.
In Texas, the crime colloquially known as identity theft is termed ‘fraudulent use or possession of identifying information’ in law; it is outlined in the Texas Penal Code, Title 7, Section 32.51. This statute states that:
‘A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of:
(1) identifying information of another person without the other person’s consent or effective consent;
(2) information concerning a deceased natural person, including a stillborn infant or fetus, that would be identifying information of that person were that person alive, if the item of information is obtained, possessed, transferred, or used without legal authorization; or
(3) identifying information of a child younger than 18 years of age.’
In essence, identity theft is intentionally obtaining, possessing, or using another person’s identity to harm or defraud people. The age of the person whose identity is stolen does not matter, nor does it matter whether they are alive or dead. Identity theft is not a typical theft crime, so it has some unique elements that the prosecution needs to prove for a successful conviction. Two key elements are identifying information and intent to harm or defraud.
Identifying information refers to any data that can be used to identify an individual, alone or together with other information. In practice, this refers to:
Even possessing just one piece of another person’s identifying information can result in criminal charges if law enforcement believes there was an intent to defraud. However, that is the second important element of identity theft – intent.
Simply possessing or even using another person’s identifying information is not enough for an identity theft conviction in Texas. For identity theft, the prosecution needs to prove intent to harm or defraud. Intent is often inferred from the circumstances of the case, such as how the information was obtained or used.
However, under Texas law, possessing the identifying information of three or more people creates a presumption of intent to harm or defraud (this only applies to individuals and not legally operating businesses, other commercial entities, or government agencies). Additionally, actions like using another person’s identity to open accounts, make purchases, or access financial resources can serve as evidence of fraudulent intent.
Because intent is a key element, challenging the prosecution’s interpretation of a defendant’s actions is a crucial defense strategy applied by identity theft lawyers.
Identity theft is always charged as a felony in Texas, with penalties depending on the number of identifying items that were obtained, possessed, transferred, or used. Identity theft can be a:
Additionally, enhanced penalties may apply if the victim is elderly or if the offense was committed to facilitate another crime. In those cases, the felony becomes one level higher than what it would have been based on the number of items involved.
On top of criminal penalties, those convicted of identity theft may be ordered to pay restitution to victims and could face long-term consequences such as difficulty finding employment, housing, or financial services.
M|C Criminal Law’s identity theft lawyers have the experience and skill to challenge the prosecution’s case and protect your rights. As former prosecutors, we understand how the state builds these cases and the tactics they use to prove intent to defraud. This insider knowledge allows us to anticipate the prosecution’s strategies and identify weaknesses in their arguments.
Many identity theft cases involve misunderstandings, mistaken identity, or a lack of intent to defraud, and we work to expose these issues to protect our clients. Our defense strategies include challenging how identifying information was obtained, questioning the validity of evidence, and negotiating to reduce or dismiss charges when possible.
With identity theft being a felony offense that carries severe penalties, having an aggressive and knowledgeable defense team is critical. If you are facing identity theft charges in Texas, contact M|C Criminal Law to discuss your defense options.
