Identity Theft Defense Law
If you are accused of identity theft, we can represent you. If you are the victim of identity theft, call the police, do not call us.
In Texas, all kinds of fraud are considered serious criminal offenses. However, throughout the state, the white collar crime of identity theft is becoming more and more common. For that reason, law enforcement focuses on those allegedly involved in this criminal action and they are then aggressively prosecuted in criminal court. Identity theft is usually committed when a person uses someone else’s personally identifying information without their permission, including their name, social security number, or credit or debit card information.
The punishment for identity theft can be severe. It is important to protect your reputation, freedom and future by retaining a criminal defense attorney who can effectively defend you in court. A skillful trial lawyer may be able to get the charges against you dismissed or reduced to a misdemeanor prior to trial. In order to convict you at trial, the prosecutor has the burden to prove you committed each and every element of the felony offense beyond a reasonable doubt. If the jury has a reasonable doubt, you will be acquitted. Therefore, it is essential to contact an experienced criminal defense lawyer who will work with you to craft the best legal defense.
Houston Identity Theft Lawyer
Identity theft is a serious felony offense. In addition to lengthy incarceration and steep fines, a felony charge may result in a permanent criminal record that could ruin your reputation, employment and future. Indeed, just being charged with a felony offense can result in extreme stress and anxiety.
Houston criminal attorney James G. Sullivan is experienced in defending white collar crimes such as identity theft. With almost 20 years of criminal defense work, Sullivan has the knowledge and experience to put forth an aggressive and productive defense strategy.
Contact James Sullivan at (281) 546-6428 for a free confidential consultation and preliminary case analysis.
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Fraudulent Use or Possession of Identifying Information under Texas Law
According to Texas Penal Code §32.51(b), a person commits identity theft if the person, with intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of another person without the other person’s consent.
According to Texas Penal Code §32.51(a)(1), “Identifying information” means information that alone or in conjunction with other information identifies a person, including a person’s:
- name and date of birth;
- unique biometric data, including the person’s fingerprint, voice print, or retina or iris image;
- unique electronic identification number, address, routing code, or financial institution account number;
- telecommunication identifying information or access device; and
- social security number or other government-issued identification number.
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Punishment for Houston Identity Theft
In Texas, the punishment for identity theft is listed in Chapter 12 of the Texas Penal Code. Depending on the number of items obtained, possessed, transferred, or used, a conviction can result in a range of punishment as follows:
- If the number of items obtained, possessed, transferred, or used is less than five, a person charged with identity theft can be convicted of a state jail felony, which is punishable by a state jail sentence ranging from 180 days to two years and a fine of up to $10,000.
- If the number of items obtained, possessed, transferred, or used is five or more but less than 10, a person charged with identity theft can be convicted of a third degree felony, which is punishable by a prison sentence ranging from 2 to 10 years and a fine of up to $10,000.
- If the number of items obtained, possessed, transferred, or used is 10 or more but less than 50, a person charged with identity theft can be convicted of a second degree felony, which is punishable by a prison sentence ranging from 2 to 20 years and a fine of up to $10,000.
- If the number of items obtained, possessed, transferred, or used is 50 or more, a person charged with identity theft can be convicted of a first degree felony, which is punishable by a prison sentence ranging from 5 to 99 years or life and a fine up to $10,000.
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James G. Sullivan and Associates | Harris County Identity Theft Attorney
If you are charged with identity theft in Texas, it is important to contact an experienced criminal defense attorney. In addition to representing you in court, it may be possible for such an attorney to defend you at the grand jury level. If your case has not yet been indicted by the grand jury, a knowledgeable attorney may be able to persuade the grand jury to no bill (dismiss) your case. If that were to happen, the case would be over, and you would have the right to seek an expunction of the charge from your record. If your case has already been indicted, an experience trial attorney may still be able to get your case dismissed, reduced to a misdemeanor or won at trial.
James G. Sullivan and Associates have a professional and experienced legal team with decades of experience in fighting criminal cases at trial. They provide personal attention and exceptional legal services. They will fight to protect your rights, freedom and future.
James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.
Contact James Sullivan & Associates for a free initial consultation at (281) 546-6428 about your white collar crime charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.
Contact James Sullivan at (281) 546-6428 for a free confidential consultation and preliminary case analysis.
