Identity theft happens when someone uses another's credit card, Social Security number, or other personal details without permission, often leading to financial loss and damaged credit.
Identity theft is fairly common, especially in major cities like Austin. A lot of identity theft is committed online, whether through online transactions or data breaches. However, it often happens offline, too. It could range from something seemingly minor, like trying to get $50 worth of groceries with another person's credit card, to something more serious, like getting a mortgage in their name. Identity theft is generally a felony, which can result in serious prison time, fines, and a felony record.
Unfortunately, the police or prosecutors may claim someone committed identity theft when there was just a mix-up or misunderstanding. If you or someone you know was charged with identity theft in Texas, contact Texas criminal lawyer Jason S. English to fight for your rights, stay out of jail, and keep a felony conviction off your record.
Understanding Identity Theft Charges in Austin
Under Texas Penal Code § 32.51, identity theft is called "fraudulent use or possession of identifying information." Identity theft involves using the identifying information of another person with the intent to harm or defraud another.
Identity theft is distinct from other theft crimes because it doesn't involve the direct theft of physical items but the unauthorized use of someone's personal data. As such, it has some unique elements.
Identifying Information
Identifying information is defined as information that identifies a person. This includes living persons, deceased persons, or children younger than 18. Identifying information can include:
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Name and date of birth;
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Unique biometric data, including the person's fingerprint, voice print, or retina or iris image;
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Unique electronic identification number, address, routing code, or financial institution account number;
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Telecommunication identifying information or access device; and
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Social Security number or other government-issued identification numbers.
Intent to Defraud
Possession or use of identifying information may not be enough for an identity theft conviction. For example, an underage college student who uses someone else's ID to get into a bar may not be intending to defraud or harm another person. Using a fake ID would still be subject to a violation but would not necessarily be considered identity theft.
The intent to defraud is generally demonstrated by how the individual allegedly used the information, e.g., making an online purchase or cashing a check in someone else's name. Intent to defraud can be presumed, depending on the situation. For example, intent can be presumed where the defendant possesses the identifying information of three or more persons.
How Identity Theft Cases Are Prosecuted In Austin
The Financial Crimes Unit plays a crucial role in investigating identity theft. Their focus extends to offenses involving credit card abuse and forgery. This unit collaborates with other agencies to tackle such crimes.
Once enough evidence is collected, criminal charges are filed against the perpetrator. Identity theft charges may include forgery and other allegations related to white-collar crime. These charges are typically serious and require a robust defense strategy.
Penalties For Identity Theft In Texas
|
Number of Items Obtained, Possessed, Transferred or Used |
Criminal Charge |
Fine |
Jail or Prison |
|
Less than 5 |
State Jail Felony |
Up to $10,000 |
180 days to 2 years |
|
5 to less than 10 |
3rd Degree Felony |
Up to $10,000 |
2-10 years |
|
10 to less than 50 |
2nd Degree Felony |
Up to $10,000 |
2-20 years |
|
50 or more |
1st Degree Felony |
Up to $10,000 |
5-99 years |
The penalties for identity theft may be enhanced when the offense is committed against an elderly individual or when the offender committed the offense to facilitate the commission of a registerable sex offense.
Additionally, identity theft may lead to federal charges if it involves interstate activities or breaches federal laws. Such cases can result in stricter penalties and longer jail terms. The Texas Identity Theft Enforcement and Protection Act also outlines possible civil penalties.
Long-Term Impact Of An Identity Theft Conviction
An identity theft conviction can have significant, long-lasting effects on various aspects of life.
Employment opportunities may suffer because many employers conduct background checks. An identity theft conviction on one's record can lead to job denials and altered career paths.
Professional licenses may also be at risk. Many licensing bodies have strict rules about criminal convictions, which could lead to the revocation or suspension of existing licenses or denial when applying for new ones.
Additionally, a conviction can make obtaining loans, mortgages, or credit cards difficult. Individuals face an uphill battle trying to restore their credibility and legal and financial records.
Restitution to the victim is another possible consequence of identity theft. This can include reimbursement for lost income, expenses, and attorney's fees.
Felony convictions also typically result in:
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Voting restrictions,
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Restrictions on holding certain offices,
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Restrictions on certain professions, and
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Prohibition from owning a firearm.
Next Steps For Those Accused Of Identity Theft
When accused of identity theft, time is of the essence. Engaging a skilled defense attorney ensures that your legal rights are protected from the outset. The sooner you have legal counsel, the better your chances of mounting an effective defense strategy.
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Consult With Us: Contact Jason S. English Law, PLLC, for a comprehensive case evaluation. An initial discussion allows us to understand your situation and outline a defense strategy.
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Gather Evidence: It's crucial to collect any relevant documentation or evidence that may support your case. This includes communications and financial records.
A strong legal strategy can significantly impact the outcome of the case. By contacting us for a consultation, you take a crucial step towards resolving your legal issues.
How Jason S. English Law, PLLC Can Help You
Our firm focuses on tailoring defense strategies specifically suited to the details of your situation, ensuring a personalized and practical approach.
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Building Solid Defense Strategies
Legal defenses for identity theft charges in Texas often revolve around disputing the evidence or demonstrating a lack of intent. In some cases, proving that you had no connection to the alleged activities could be the right strategy. Our specific approach to your defense depends on the specifics of your case. But no matter your case details, we investigate thoroughly and endeavor to put together a solid strategy.
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Experience and Approach
Our team, recognized for excellence in criminal defense, has extensive experience dealing with all forms of criminal cases. We aim to minimize the legal consequences you might face. By leveraging our experience and commitment to your best interests, we aim to navigate the challenges of your identity theft charges effectively and confidently.
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Communication and Support
Clear communication is the cornerstone of our practice. We commit to providing ongoing support and clear updates throughout the legal process. Our goal is to ensure you understand each step and feel supported, creating a collaborative environment with our clients.
Contact Jason S. English Law, PLLC Today
Jason S. English Law was a criminal prosecutor for 15 years. He understands how prosecutors approach fraud and identity theft cases and how they try to get the accused to plead guilty. Before pleading guilty to any crime, make sure youunderstand your rights and options to fight the criminal charges.
If you are accused of identity theft in Texas, it is important to speak to a criminal defense attorney right away. Contact Texas defense lawyer Jason S. English today.
