Identity theft is a growing concern in today’s digital age. In Texas, the consequences for committing such a crime are severe. If you have been accused of identity theft, understanding the potential penalties is crucial. Please continue reading as we outline the various legal ramifications you could face in Texas and the importance of connecting with a qualified Dallas County Criminal Lawyer to navigate these complex charges. 

What is Considered Identity Theft Under Texas Law?

Under the Texas Penal Code §32.51, identity theft, also known as fraudulent use or possession of identifying information, occurs when an individual uses, possesses, or transfers another person’s identifying information, such as a name, Social Security number, date of birth, or credit card details, without consent and for fraudulent purposes. Identifying information extends beyond personal data to also include biometric data, bank account numbers, and login credentials.

If you are facing identity theft charges in Texas, securing an experienced criminal defense attorney is in your best interest. Our legal team possesses the expertise necessary to safeguard your future.

What Are the Potential Penalties for Identity Theft?

Generally, identity theft is charged as a felony in Texas. However, the degree depends on how many items of identifying information are misused:

  • Less than 5 items: This is a state jail felony, which is punishable by 180 days to two years in state jail and a fine of up to $10,000.
  • 5-9 items: This is a third-degree felony, which is punishable by two to ten years of imprisonment and a fine of up to $10,000.
  • 10-49 items: This is a second-degree felony, which is punishable by two to twenty years and a fine of up to $10,000.
  • 50 or more items: This is the most serious offense. A first-degree felony is punishable by five to ninety-nine years or life in prison and a fine of up to $10,000.

Penalties for identity theft in Texas can escalate if the victim is elderly or disabled, if the theft is connected to a larger fraud or organized crime scheme, or if the defendant has previous convictions for similar crimes. Courts also have the authority to mandate that offenders compensate victims for financial damages, credit repair expenses, or other associated costs.

For first-time offenders or cases with minor harm, probation may be an option, but it comes with stringent conditions, such as regular reporting, counseling, or community service. It should be noted that a felony conviction can permanently affect your record, which can make it difficult to secure employment, obtain housing, or apply for loans and professional licenses. Convicted felons also forego certain rights, such as voting and firearm possession.

At Spangler Law, we understand how challenging these matters can be. Texas courts don’t view identity theft as a minor crime. If you are currently under investigation for identity theft in Texas, please don’t hesitate to contact our firm today to discuss your case.