Dallas Identity Theft Defense Attorneys

Experienced Defense Against Identity Theft Charges in Texas

In today’s digital age, identity theft has become a growing concern. This offense, involving deliberately using another individual’s identifying information without consent, can lead to severe penalties under state and federal laws.

If you face charges, our attorneys can provide legal guidance and aggressive representation throughout your case. We are prepared to fight for you, working to protect your rights and acting as your advocates through this challenging time. 

Patrick J. McLain, founder of the Law Office of Patrick J. McLain, PLLC, has over thirty years of experience in the legal field. He offers a wealth of knowledge to each client he represents. He has served as both a federal prosecutor and a defense attorney for state and federal crimes, which has helped him develop a valuable, comprehensive, and critical perspective on the legal system.

Are you facing identity theft charges? Protect your future by consulting our skilled Dallas identity theft defense attorneys. Call the Law Office of Patrick J. McLain, PLLC, today at (214) 238-9392 or contact us online!

What Is Identity Theft?

Identity theft is a type of fraud that involves the unauthorized use of another person’s personal identifying information, typically with the intent to commit financial fraud. This could involve stealing items of personal identifying information, such as someone’s social security number, bank account details, or credit card numbers, and using them to commit unlawful acts. 

Unfortunately, the prevalence of digital transactions and online communications has made identity theft increasingly common, rendering it a serious concern across the nation. 

Identity Theft Under Texas Law

Identity theft is a fraud crime governed by the Texas Penal Code, Title 7, Chapter 32. According to Section 32.51, an individual commits identity theft when they intentionally or knowingly obtain, possess, transfer, or use another person’s identifying information without that individual’s consent to cause harm or defraud. This crime is generally charged as a felony in Texas, with penalties varying based on the number of identifying items obtained, possessed, transferred, or used. 

The Law Office of Patrick J. McLain, PLLC, understands these laws, their interpretations, and their implications in court. If you have questions about any identity theft charges that you face, don’t hesitate to contact us to schedule a consultation. 

Penalties for Identity Theft in Texas

Identity theft in Texas carries serious consequences, with penalties determined by the type and quantity of identifying information misused. These penalties range in severity depending on the specifics of the case:

• State Jail Felony:
  • Up to 2 years in a state jail.
  • Fines of up to $10,000.
• Third-Degree Felony:
  • 2 to 10 years of imprisonment.
  • Fines of up to $10,000.
• Second-Degree Felony:
  • 2 to 20 years of imprisonment.
  • Fines of up to $10,000.
• First-Degree Felony (for the most egregious cases):
  • 5 to 99 years or life in prison.
  • Fines of up to $10,000.

Enhanced Penalties

Under Texas law, certain factors can lead to harsher penalties, including:

• Crimes Against the Elderly: Offenses involving victims aged 65 or older carry enhanced sentencing.
• Repeat Offenses: Individuals with prior convictions for identity theft may face more severe consequences.

Identity Theft Under Federal Law

Federal law recognizes identity theft as the knowing transfer, possession, or use without lawful authority of a means of identification of another with the intent to commit any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. 

Penalties for Federal Identity Theft Convictions

Identity theft is a serious federal offense with severe consequences. A conviction can result in:

• Prison Time: A maximum sentence of up to 15 years in federal prison, depending on the nature of the crime.
• Fines: Hefty financial penalties determined by the specifics of the case.
• Forfeiture of Property: The government may seize any property used or intended to facilitate the crime.

Additional penalties may apply in specific circumstances:

• Felony-Related Identity Theft: Under the Identity Theft Penalty Enhancement Act, offenders face an additional two years in prison if the identity theft was used to commit or further a felony crime.
• Terrorism-Linked Identity Theft: When identity theft is associated with domestic terrorism, federal sentencing guidelines mandate an additional five years in prison.

Beyond imprisonment and fines, a conviction can carry lifelong consequences, including:

• Damage to Reputation: A federal conviction can impact professional and personal relationships.
• Difficulty Securing Employment: Employers may hesitate to hire someone with a criminal record involving dishonesty.
• Loss of Civil Rights: Convicted individuals may lose rights such as voting or owning firearms.

Understanding the full scope of these penalties is crucial. It emphasizes the importance of mounting a solid defense to protect your future. A skilled attorney can help you navigate the legal process and work to mitigate these harsh consequences.

Defenses Against Identity Theft Charges in Texas

A robust defense against identity theft charges requires careful analysis of the case's specifics. Common defense strategies include:

• Lack of Intent: Texas law requires that identity theft involves knowing and intentionally using another’s identifying information with malicious or unlawful intent. Demonstrating that you lacked this intent can weaken the prosecution’s case.
• Consent Claims: If you can substantiate that the alleged victim granted consent for using their information, this could serve as a basis for defense.
• Challenging Digital Evidence: Many identity theft cases hinge on digital records, such as computer logs or electronic transaction data. Errors in digital forensics or flaws in evidence integrity can be grounds for disputing the charges.
• Procedural Violations: If law enforcement violated your rights—such as conducting an unlawful search or seizure—the evidence obtained may be deemed inadmissible, potentially invalidating the charges.

It’s important to note that every case is unique, and the best defense will depend on your situation. Consulting with experienced legal counsel can help you explore the most effective strategies for your case.

Contact Our Dallas Identify Theft Defense Lawyers Today

Our Dallas identity theft defense attorneys understand the impact a conviction like this can have on your life. Though facing charges of identity theft can upend your life, we want to remind you that you do not have to go through the legal process alone. At the Law Office of Patrick J. McLain, PLLC, our attorneys stand ready to fight for justice on your behalf. 

Identity theft is a serious crime that can lead to harsh penalties under state and federal laws. Our attorneys are ready to provide experienced, aggressive representation to protect your rights and future. Contact the Law Office of Patrick J. McLain, PLLC, today to schedule a consultation!