Credit and debit card abuse is a state jail felony in Texas carrying up to two years in state jail, and consent, knowledge, and authorization are the elements where the defense most often begins.
Credit and debit card abuse under Texas Penal Code §32.31 covers presenting or using another person’s card without effective consent, using a card knowing it is stolen, forged, expired, or revoked, and obtaining property or services through these means. These cases frequently arise in family and household situations where the lines around account access were never formally established, in retail and online transaction disputes, and in cases involving lost or stolen cards where the circumstances of possession are more complicated than the police report suggests.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. Card abuse cases turn on two key elements: whether consent was actually absent, and whether the defendant knew the card was being used improperly. Both are genuinely contestable in many cases. He examines transaction records, account access history, the relationship between the parties, and all communications that bear on what permission existed and what the defendant understood at the time. Contact our firm today for a free consultation.
A card abuse conviction creates a permanent record of dishonesty that follows you into every job application, credit application, and professional license renewal. In cases where the alleged abuse involved a family member’s account or a disputed transaction, the facts are often far more nuanced than the arrest report reflects. The distinction between unauthorized use and a misunderstanding about access is a legal question that must be examined carefully.
If you are under investigation or facing credit or debit card abuse charges in Houston, Harris County, or surrounding counties, contact David Smith Law Firm. Card abuse cases are built on transaction records that tell part of the story, but rarely all of it. Early legal involvement allows us to gather the full picture, including account history, communications between the parties, and any evidence of prior authorization or consent.
Credit and debit card abuse under Texas Penal Code §32.31 is a state jail felony carrying 180 days to 2 years in state jail and fines up to $10,000. The state must prove that the defendant used or presented a card belonging to another person without effective consent, or used a card knowing it was stolen, expired, forged, or revoked. We examine the specific transaction records the state intends to introduce, the account access history, any evidence of prior permission, and the relationship between the parties to identify where the consent or knowledge element cannot be proven beyond a reasonable doubt.
Penalty: State Jail Felony: 180 days to 2 years in state jail, fines up to $10,000.
Fraudulent use or possession of identifying information under Texas Penal Code §32.51 is a closely related charge that applies when a person uses another individual’s identifying information, including name, date of birth, Social Security number, or financial account details, to obtain property, credit, or services without consent. The charge escalates from a state jail felony for fewer than five victims to a first-degree felony for 50 or more victims. We examine the evidence tying the defendant to each specific use, whether the information was actually used with criminal intent, and whether the number of alleged victims claimed by the state can be established by the evidence.
Penalty: Ranges from state jail felony to first-degree felony depending on the number of alleged victims.
