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Identity theft is a serious crime that involves stealing someone’s “Identifying information” to commit fraud or other illegal activities. “Identifying information” includes:

1. Name and date of birth:
2. Unique biometric data, including the person’s fingerprint, voice print, or retina or iris image;
3. Unique electronic identification number, routing code, or financial institution account number:
4. telecommunication identifying information or access device; and
5. social security number or other government-issued identification number.

In Texas, a person commits Identity Theft if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of “Identification Information” of another without the other person’s consent. This includes the use of identification information of a deceased person or of a child younger than 18 years of age.

In Texas, identity theft is considered a felony offense that can result in severe legal and financial consequences. If you are charged with identity theft in Texas, you must be aware of the potential consequences and take immediate action to protect your rights and defend yourself against the charges. This is an overview of the legal and financial consequences of a Texas identity theft conviction and offers tips on protecting yourself if facing these charges.

In Texas, the accused is presumed to have the intent to harm or defraud another if the accused possesses the identifying information of three or more other persons.

Legal Consequences of an Identity Theft Conviction

In Texas, identity theft is a felony offense that can result in significant legal penalties. The level of felony offense is dictated by the alleged number of items the accused possessed. An offense is:

1. A state jail felony if the number of items obtained, possessed, transferred, or used is less than five;
2. A felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than ten;
3. A felony of the second degree if the number of items obtained, possessed, transferred, or used is ten or more but less than 50;
4. A felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.

The punishment range can be increased by one level if the offense was committed against the elderly or in connection with the offense of failure to register as a sex offender.

Identity theft can result in significant financial losses for the victim, and if you are convicted, you may be required to pay restitution for these losses.  If convicted of identity theft, in addition to facing a potential prison sentence, you could be ordered to make restitution to the alleged victim. Restitution can include the costs of any goods or services obtained using the victim’s identity, as well as any expenses related to correcting credit reports or other financial accounts.

An identity theft conviction can have long-term consequences on your personal and professional life. A criminal record can make finding employment, obtaining housing, or qualifying for loans or credit cards difficult. It can also impact your ability to travel, vote, or own firearms. The stigma associated with a criminal conviction can follow you for years and have lasting effects on your life.

Financial Consequences of an Identity Theft Conviction

Additionally, an identity theft conviction can impact your financial situation. In addition to fines and restitution, you may face higher insurance premiums, difficulty obtaining credit, and the loss of professional licenses or certifications. An identity theft conviction can also impact your ability to obtain employment, as many employers conduct background checks before hiring new employees.

Defending Against an Identity Theft Charge

If you have been charged with identity theft in Texas, it’s important to consult with an experienced criminal defense attorney as soon as possible. Your attorney can review the facts of your case and develop a defense strategy that protects your rights and interests.

One possible defense against an identity theft charge is that the accused is engaged in business that is engaged in legitimate business activities. For example, it is not illegal for a restaurant to use a customer’s credit card, with the customer’s consent, to pay for a meal.

Another possible defense against an identity theft charge is mistaken identity. Sometimes, the victim may have incorrectly identified you as responsible for the crime. Another potential defense is a lack of criminal intent, where you may have used the personal information for legitimate purposes.

Another possible defense against an identity theft charge is that you were expressly granted permission to use the other person’s “Identifying information,” and you did not exceed that permission.

Another possible defense against an identity theft charge is that you were expressly granted permission to use the other person’s “Identifying information,” and you did not exceed that permission, but someone else stole the information from you and used it without authority.

It’s important to note that each case is unique, and the specific defense strategies available to you will depend on the facts of your case. An experienced attorney can evaluate your situation and help you understand your legal options.

Protecting Yourself Against Identity Theft Charges

The best way to protect yourself against identity theft charges is to never obtain another person’s “Identifying information” without the other person’s express consent. If you are given permission to use another person’s “Identifying information,” make certain you have written proof that you were granted permission and make certain that you never exceed the permission granted. If you are given another person’s “Identifying information,” you must proactively safeguard the information from third-party theft. This includes using strong passwords and avoiding sharing personal information online.

If you face an identity theft charge in Texas, it’s important to take the charges seriously and seek legal representation as soon as possible. A skilled criminal defense attorney can help you understand your legal rights and options and work to minimize the impact of the charges on your life.