Charged with Identity Theft in Fort Worth , Tarrant County?

Have you, a friend or a loved one been charged with a crime involving identity theft in Fort Worth, Texas? Generally, identity theft charges are filed as one of the following crimes: credit/debit card abuse or fraudulent use or possession of identifying information. If you have been charged with any of the charges below, you need to contact our Fort Worth identity theft lawyer right away.

Credit/Debit Card Abuse

Under Texas law, a person commits the crime of Credit/Debit Card Abuse if, with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or the card has expired or has been revoked or cancelled. Essentially, any attempt to use a card, steal a card, receive a card, buy a card, sell a card, possess a card with intent to defraud, present a card with intent to defraud, or induce the cardholder to use the card with intent to defraud will be subject to prosecution under Texas law.

Fines and Penalties for Credit/Debit Card Abuse Convictions in Texas

If you have been arrested and charged with Credit/Debit Card Abuse, you have been charged with a crime that is classified as a State Jail Felony, punishable by a prison sentence of up to 2 years in a Texas State jail facility and a fine not to exceed $10,000. However, if the crime was committed against an elderly individual, you could be facing a third degree felony, punishable by a prison sentence of up to 10 years in prison and a fine not to exceed $10,000.

Fraudulent Use or Possession of Identifying Information

Under Texas law, a person commits the crime of Fraudulent Use or Possession of Identifying Information (aka identity theft) if he, with intent to harm or defraud another, obtains, possesses, transfers, or uses an item of: (1) identifying information of another person without their consent; or (2) information concerning a deceased natural person 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. When determining what qualifies as “identifying information,” Texas law specifies that any information that identifies a person is sufficient. Examples of “identifying information” include, but are not limited to: social security cards, financial account numbers or information, and government-issued identification numbers.

Fines and Jail Time for Identity Theft Convictions in Texas

If you have been arrested and charged with Fraudulent Use or Possession of Identifying Information, your level of felony charge will be determined by the quantity of the identifying information that was fraudulently used or possessed:

  • If the number of items obtained, possessed, transferred or used is less than five, the crime will be classified as a State Jail Felony, punishable by a prison sentence up to 2 years in a Texas State jail facility and a $10,000 fine.
  • If the number of items obtained, possessed, transferred or used is 5 or more but less than 10, the crime will be a third degree felony, punishable by a prison sentence up to 10 years in prison and a $10,000 fine.
  • If the number of items obtained, possessed, transferred or used is 10 or more but less than 50, the crime will be a second degree felony, punishable by a prison sentence up to 20 years in prison and a $10,000 fine.
  • If the number of items obtained, possessed, transferred or used is 50 or more, the crime will be a first degree felony, punishable by a prison sentence up to 99 years or life in prison and a $10,000 fine.

If you have been arrested and charged with an Identity Theft crime in Fort Worth, Tarrant County, Fort Worth, Arlington, Hurst, Euless, Bedford, Mansfield or surrounding areas, you need an aggressive and experienced criminal lawyer on your side. Whether you have been charged with Credit/Debit Card Abuse or Fraudulent Use or Possession of Identifying Information, a felony conviction could carry with it the prospect of jail time, hefty fines and other serious long-term consequences.

Contact the Hampton Law Firm now to schedule a free consultation to determine your rights and legal options at 817-435-2909.

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