Identity Theft

San Antonio Identity Theft Lawyer

What is Texas’ Identity Theft Penal Code §32.51?

Texas Penal Code §32.51 refers to identity theft as obtaining, possessing or transferring another person’s identifying information without their consent with the intention to harm or defraud them.

Examples of personal identifying information:

• Name
• Social Security number
• Date of birth
• Government issued ID numbers
• Biometric data (voiceprint, fingerprint, retina or iris image)
• Unique electronic identification number
• Address
• Routing code
• Financial institution account number
• Telecommunication identifying information (meaning mobile phone number, or electronic serial number)

According to the US Department of Justice, 7.5% of US households have fallen victim to identity theft. If you or a loved one has been charged with a theft crime, you need a knowledgeable San Antonio attorney in your corner. Our San Antonio criminal defense lawyers offer free consultations.

Penalties for Identity Theft

Identity theft charges vary depending on a few factors. If you’ve been accused of identity theft, you may want to know the penalties you could potentially face.

• Jail Time – If you’ve been convicted of transferring funds or accessing financial information of another person without their permission you could face up to a 1 year in jail. If you’ve been found guilty of possession of identifying information you could face up to a lifetime sentence in prison.
• Fines – Transfer of financial information is a misdemeanor conviction and could result in up to $4,000 in fines. Fraudulent use of identifying information could result in fines of up to $10,000.
• Probation – In some cases, a judge may decide the accused be put on probation instead of or in addition to jail time. In Texas, probation time lasts 1 year and the convicted must follow all the rules placed on them by the judge. For example, a judge may rule the convicted visit their parole officer weekly or perhaps they may be unable to leave the state.
• Restitution – In identity theft cases where the victim has suffered a financial loss, the court often orders restitutions be paid by the convicted. Restitution payments are for compensating the victim for the loss and will vary depending on the case.

If you’ve been accused of identity theft, the best step you can take now is to hire a qualified attorney to help you build your defense. Our San Antonio lawyers are well versed in criminal defense and have a nearly perfect success rate.