What is Identity Theft?

Identity theft is when stole your identity and use someone else’s personal information without permission to do bad things. They might buy things with a stolen identity or open unauthorized bank and credit card accounts. It can also affect taxes, healthcare, and criminal records. To protect yourself, keep certain important items safe.

• Name
• Birth Date
• Address
• Social Security Number
• Passwords
• Credit Card Numbers
• Bank Account Number and info

What is Identity Fraud?

Identity fraud refers to the actual fraudulent activities committed using stolen identity or personal information. It is possible to fabricate a fictitious identity, and it does not necessarily have to pertain to a genuine individual. Examples include pretending to be someone who passed away or creating nonexistent identities.

• Fake ID or passport
• False credit card accounts
• False bank accounts
• False loan applications
• Fraudulent withdrawals
• Fraudulent transactions
• Fake criminal record

According to Consumer Affairs, Credit Card Fraud is the most common method of account takeover.

If a merchant or authorized person accepts a fake credit card to deceive the issuer or cardholder, it’s credit card fraud. In Texas Penal Code Section 32.31, credit card abuse happens when someone wants to get unfair advantages through dishonest means, and:

• Using a fake credit card.
• Engaging in the sale of another person’s credit card.
• Committing theft or utilizing a purloined credit card.
• Possessing two or more blank credit cards.
• Buying a credit card from a person who is not a legitimate cardholder.
• Using a credit card knowing it belongs to someone else or is no longer valid.

Warning Signs of Identity Theft and Fraud Alerts

• Surprising credit and/or debit card bills or account statements that you didn’t anticipate.
• Receive phone calls or letters regarding transactions you did not make
• Unrecognized charges on your financial statements
• Incorrect information on your credit report – accounts or addresses you don’t recognize, or false information
• Receive refusal letters for loans for which you did not apply.
• Receive alerts indicating that you traveled to, lived in, or conducted business in a jurisdiction with which you have no ties.
• Receive calls from debt collectors or businesses about goods or services you did not purchase.
• Receive surprise IRS notifications for not submitting all income or if they received multiple tax returns in your name.

Identity theft and Identity Fraud have distinct meanings. If someone fraudulently possesses or uses identifying information, federal law may see it as identity theft.

The number of times the defendant misused the victim’s information determines, in part, the penalties for identity theft fraud.

Penalties & Charges

Identity Theft

State Jail Felony can result in 180 days to 2 years in jail and a fine of up to $10,000. This applies when less than 5 items are involved.

Third-Degree Felony – Can lead to 2-10 years in jail and a fine up to $10,000 if 5-10 items are involved.

Second-Degree Felony can result in a prison sentence of 2-20 years and a fine of up to $10,000. This applies when there are 10-50 items involved in possession, use, or transfer.

First-Degree Felony can result in a prison sentence of 5-99 years and a fine of up to $10,000. This applies if there are more than 50 items involved in possession, use, or transfer.

Fraud Penalties

Class C Misdemeanor – Will be penalized up to $500 if the value of property or service is worth less than $100.

A Class B Misdemeanor can result in 180 days in jail and a $2,000 fine. This applies when the property or service is valued between $100 and $750.

Class A Misdemeanor – can result in imprisonment for 1 year and a fine of up to $4,000. This penalty applies when the value of the property or service involved is between $750 and $2,500.

State Jail Felony can result in imprisonment for 180 days to 2 years and a fine of up to $10,000. This penalty applies when the value of the property or service involved is between $2,500 and $30,000.

Third-Degree Felony can result in a prison sentence of 2 – 10 years and a fine of up to $10,000. This applies when the value of the property or service is between $30,000 and $150,000.

Second-Degree Felony can result in a prison sentence of 2 – 20 years and a fine of up to $10,000. This applies when the value of the property or service involved is between $150,000 and $300,000.

First-Degree Felony can result in a prison sentence of 5 – 99 years and a fine of up to $10,000. This punishment applies if the value of the property or service involved exceeds $300,000.

Arrested? Don’t Plea, Call Me!

If you believe someone has wrongly accused you of identity theft, you must collaborate with a skilled criminal defense attorney. They can help you understand your legal options and find the best and safest way to handle your case. This can help prove your innocence or reduce the consequences.

A good lawyer will inform you about the possible punishments if they prove you guilty, such as jail time or fines. They’ll also work to lessen the impact of a conviction on your life and future.

Having a criminal defense lawyer can assist you in navigating the legal system. It can also help reduce confusion and stress. Additionally, having a lawyer can increase your chances of achieving a favorable outcome.

If you live in Amarillo, Midland, Odessa, or San Antonio, you can contact our attorneys at Texas Criminal Defense Group. They can provide you with a legal evaluation of your circumstances.