Section 32.51 of the Texas Penal Code defines identity theft as the fraudulent use or possession of identification information. Identity theft is a charge used by law enforcement against forgery or credit card fraud suspects who are caught and found in possession of multiple IDs bearing the names of different individuals.
The offense occurs when an individual, with intent to harm or defraud another (and without the consent of the victim), obtains, possesses, transfers, or uses a victim’s identifying information, such as:
Name and Date of Birth, Credit Card Number, Bank Account Number, Social Security Number, Government Issued Identification Number
Possession of multiple documents in another person’s name or possession of identifying information of three or more persons (dead or alive) will allow for charges to be filed with the presumption that you intended to harm or defraud. Justin Sparks is an identity theft lawyer who can help you react appropriately and defend yourself against theft charges.
Penalties for an Identity Theft Conviction
Identity theft is a felony, and the degree of which is based on the number of identification items possessed or used…
Number of Identifying Items in Possession
1 to 4
State Jail Felony
Up to 2 years in state jail
5 to 9
3rd Degree Felony
Up to 10 years in prison
10 to 49
2nd Degree Felony
Up to 20 years in prison
50 or more
1st Degree Felony
Up to 99 years in prison
The punishment is increased one level if the victim of the identity theft is over 65 years old. The punishment may also be increased if the new identity is used to avoid sex offender registration. With heightened charges
Defenses to Identity Fraud Charges
When looking into the details of you identity theft charges, Justin Sparks is able to identify any factors that could relieve you from the charges at hand. A thorough identity theft lawyer can help you determine if your eligible for any of the following defenses:
You had no intent to harm or defraud
You had permission to use the ID of the other person
The identifying information was not possessed by you, but was left in your residence or vehicle by another person
Even if none of these defenses apply, it might be possible to reduce your charges, or get you placed on probation.
HIRE A QUALITY IDENTITY THEFT ATTORNEY
Identity Theft is a crime that is not taken lightly in Fort Worth, or anywhere in the state of Texas for that matter. Call Criminal Defense Attorney Justin Sparks at 817-334-0300 to clear your name! Justin has served the citizens of Dallas/Fort Worth for over ten years and is experienced in handling theft and identity cases.
Justin Sparks has been defending clients across Fort Worth and Dallas for over ten years. Our firm helps you through the criminal process, from investigation to appeals, if need be. Free consultations for all new cases.