Texas has a reputation for being tough on crime. That reputation is well-deserved, and it is well-deserved whether you are talking about since-the-dawn-of-civilization crimes, such as homicide, theft, or all of the other thou-shalt-nots, or you are talking about more modern crimes not dreamed of by our ancestors, such as identity theft. Texas takes a hard line when it comes to all of them. It is a rare thing when Texas is lenient with respect to criminal charges, and identity theft is not one of those rare things. If you are facing charges of identity theft in the Houston area, you should talk to the Madrid Law Firm.
Identity Theft is Essentially a Fraud Crime
Identity theft in many ways is simply stealing by means of fraud. Under Texas law, you are committing identity theft if, with the intent to defraud someone, you have, use, or give to someone else, without consent, personally identifying information of another person. This applies whether the person is living or dead, so long as you intend to commit fraud using that information. Obviously, if you use another person’s personally identifying information to actually commit fraud, such as accessing their bank accounts, using their credit cards, writing checks in their name, or any other action without that person’s permission, that is evidence that you intended to defraud that person.
However, the law presumes intent to defraud if you possess personally identifying information for three or more other people, including people who are deceased. The term “personally identifying information” is defined broadly in Texas law and includes biographical data, such as name and date of birth, biometric data, government identification numbers including Social Security information or driver’s license information, banking information or information regarding other financial accounts, and even information providing access to telecommunication devices.
Penalties for Identity Theft Can be Severe
Identity theft penalties under Texas law start out steep and get worse from there. A single instance of identity theft (but less than five instances) is a state jail felony. Keep in mind that identity theft includes simply possessing someone else’s personally identifying information – each person’s information counts separately. A state jail felony is punishable by at least 180 days in jail but no more than two years, as well as a fine of up to $10,000. Depending upon the number of instances of identity theft, the crime can be a third-degree felony (five to nine instances), punishable by two to 10 years in prison and a fine of up to $10,000; a second-degree felony (10-49 instances), which can be punished by two to 20 years in prison, as well as well as a fine of up to $10,000; or a first-degree felony for 50 or more instances of identity theft. A first-degree felony can draw a prison sentence of at least five years and up to 99 years, plus, of course, a fine of up to $10,000.
If You are Charged With Identity Theft in Houston, Contact Madrid Law Firm
Identity theft charges are always felonies, and potentially serious felonies. You could face decades in prison and serious fines. You need a criminal defense lawyer with the experience to help you put together a defense and achieve the best outcome possible. If you are facing identity theft charges, talk to the Madrid Law Firm.
