Dallas Identity Theft Defense Attorneys

Dallas Identity Theft Defense Lawyer

Identity theft involves the unauthorized use of another person’s identifying information or identification documents to obtain money, credit, or other benefits. Identity theft is a serious crime, and a conviction for identity theft can have severe consequences, ranging from substantial fines to prison time.

If you are facing identity theft charges in Texas, you need an experienced Dallas white-collar crime lawyer to effectively defend your legal rights and help you seek a favorable outcome. Contact Broden & Mickelsen, LLP, for a free case review with our Dallas identity theft defense attorneys. We will answer your questions and discuss how we can develop a robust defense to protect your reputation and future.

What Is Identity Theft?

Identity theft is a white-collar crime that involves the procurement, possession, or use of another person’s identity or personal identifying information without that individual’s consent to obtain money or other benefits or to avoid civil or criminal liability. Identity theft has become increasingly common in today’s digital age, as it enables the unauthorized use of government-issued identification numbers to commit financial fraud. Under Texas law, identity theft cases may involve violations of the statute prohibiting the “fraudulent use or Possession of Identifying Information.” A person may violate the statute if, with intent to harm or defraud another party, the person obtains, possesses, transfers, or uses:

  • Another individual’s identifying information without that person’s consent or effective consent
  • A deceased person’s information (including a stillborn infant or fetus, if such information would constitute identifying information if the infant lived), obtained, possessed, or used without legal authorization
  • Identifying information of a child under 18

Texas law presumes an intent to defraud or harm under certain circumstances when a person possesses identifying information for three or more people, deceased persons, stillborn infants, or children under 18. However, this presumption does not apply to a commercial entity or government agency engaged in lawful business activity or government function.

Identity theft may also constitute a federal crime if committed under certain circumstances, including the following:

  • The identification document is or appears to be issued under the authority of the United States or a sponsoring entity of a special event of national significance
  • The production, transfer, possession, or use of identifying documents or information occurs in interstate or foreign commerce, including the transfer of documents or information by electronic means
  • A person transports identifying documents or identity document-making equipment through the mail in the course of committing an offense

Examples of activity that may lead to identity theft charges under federal law include:

  • Unlawfully producing an identification document or a false identification document
  • Transferring a known stolen or unlawfully produced identification document or false identification document
  • Possessing five or more identification documents or false identification documents with the intent to use or transfer them or to defraud the United States
  • Possessing a known stolen identification document of the United States
  • Possessing an identification document that appears to be a U.S. identification document, knowing that a party produced it without lawful authority
  • Possessing, transferring, or producing document-making equipment with the intent to use it to produce false identification documents or other document-making equipment that a party will use to produce false identification documents

Potential Penalties for Identity Theft in Texas

The penalties for a conviction of identity theft under Texas law will depend on the number of identity documents a person possesses, produces, or transfers.

The penalties for a conviction include:

  • Less than five items: A state jail felony, which imposes a sentence of 180 days to two years in state jail and a potential fine of up to $10,000
  • Five to nine items: A third-degree felony, which imposes a sentence of two to ten years in prison and a potential fine of up to $10,000
  • Ten to 49 items: A second-degree felony, which imposes a sentence of two to 20 years in prison and a potential fine of up to $10,000
  • 50 or more items: A first-degree felony, which imposes a sentence of life imprisonment or a term of five to 99 years in prison, plus a potential fine of up to $10,000

Texas law increases the grading of an identity theft offense to the next highest level under certain aggravating circumstances, including committing an offense against an elderly individual as defined by state law or committing an offense in connection with the failure to comply with sex offender registration requirements.

Penalties for federal crimes of identity theft depend on various factors. A conviction can impose a fine and a sentence of up to 15 years in federal prison when an offense involves the production or transfer of:

  • An identification document, authentication feature, or fake ID that is or appears to be a document issued under the authority of the United States, or
  • A birth certificate, a driver’s license, or a personal identification card.

Otherwise, a conviction may carry a sentence of up to five years when the offense involves any other production, transfer, or use of a means of identification, an identification document, an authentication feature, or a false identification document.

The statute increases the penalties to up to 20 years in prison when an offense occurs to facilitate a drug trafficking crime, in connection with a crime of violence, or after a prior identity theft conviction. Penalties can increase to 30 years in prison if an offense occurs to facilitate an act of domestic or international terrorism.

If you are facing federal charges, seek the legal guidance of a federal crime defense lawyer in Dallas.

Building a Defense Against Identity Theft Charges

If you are facing criminal charges involving identity theft in Texas, you need a skilled attorney to provide sound legal counsel and guide you through the legal system.

Our identity theft defense attorneys can investigate the allegations related to identity theft and craft a strong defense strategy to challenge the prosecution’s case, such as showing:

  • Lack of intent to harm or commit fraud
  • Consent to use the individual’s identifying information
  • Possession of identifying information for lawful business purposes
  • Mistaken identity due to errors in investigating digital evidence
  • Unlawful searches and seizures by police
  • Failure to inform a defendant of their rights before police interrogations

At Broden & Mickelsen, LLP, our attorneys for identity theft know how to develop a solid defense to fight state and federal identity theft charges. Our law firm has a legal team with more than 60 years of combined experience defending individuals against criminal charges in state and federal courts. Our attorneys have board certification in criminal law and criminal appellate litigation from the Texas Board of Legal Specialization, which recognizes our expertise in these areas of law.

Contact Broden & Mickelsen for a Free and Confidential Consultation

If you’re facing state or federal identity theft charges in Texas, you need experienced criminal defense attorneys to defend your rights, freedom, and future from the potential consequences of a conviction. Contact Broden & Mickelsen, LLP, today for a free consultation with our Dallas identity theft defense lawyers to discuss your legal options for fighting your charges.