Houston Identity Theft Defense Attorney
Identity Theft Defense in Texas
Identity theft charges in Texas escalate from a state jail felony to a first-degree felony based solely on the number of alleged victims, making how the state counts and aggregates those victims a critical defense issue.
Identity theft under Texas Penal Code §32.51 is committed when a person, with intent to harm or defraud another, obtains, possesses, transfers, or uses identifying information of another person without their consent. Identifying information includes names, Social Security numbers, dates of birth, financial account numbers, and government-issued ID numbers. The charge level is determined entirely by the number of victims: state jail felony for fewer than 5 victims, third-degree felony for 5 to 9, second-degree felony for 10 to 49, and first-degree felony for 50 or more.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. Identity theft cases are built on digital evidence, financial records, and the state’s aggregation of alleged victims into a charge level. That aggregation is frequently where the defense has its greatest opportunity. He examines whether each individual victim’s information was actually used with criminal intent, whether the digital evidence correctly attributes the conduct to the defendant, and whether the state’s victim count can be legally sustained by the available proof. Contact our firm today for a free consultation.
What Outcomes Are Possible in a Houston Identity Theft Case?
Identity theft convictions carry penalties that range from state jail time to decades in prison depending on the alleged victim count, and the conviction creates a permanent record of financial dishonesty that affects employment, credit, and professional licensing long after any sentence is complete. Because the charge level is driven by the number of victims the state can prove, the defense strategy must focus on that count from the earliest possible stage.
If you are under investigation or facing identity theft charges in Houston, Harris County, or surrounding counties, contact David Smith Law Firm immediately. Identity theft investigations typically run for months before any arrest is made. During that time, evidence is gathered and characterized in ways that shape the charge level and the prosecution’s theory. Early legal involvement is the most effective way to influence both.
- Charges dismissed when digital attribution evidence could not establish the defendant’s identity
- Grand jury no-bills where prosecutors sought a felony identity theft indictment
- Not guilty verdicts where intent to harm or defraud was genuinely contested
- Charges reduced to a lower felony level by successfully contesting the victim count
- Deferred adjudication secured in first-offense cases involving limited victims
- Charges declined after early defense involvement challenged the state’s evidence
Identity Theft
Identity theft under Texas Penal Code §32.51 requires the state to prove that identifying information belonging to a real, identifiable person was obtained, possessed, or used by the defendant without consent and with intent to harm or defraud. We examine the evidence the state relies on to link the defendant to each specific victim’s information, whether the information was actually used in a way that caused or could cause harm, and whether the digital and documentary evidence is correctly attributed to the defendant rather than to an account, device, or IP address that others had access to.
Penalty: State jail felony for fewer than 5 victims. Third-degree felony for 5 to 9 victims. Second-degree felony for 10 to 49 victims. First-degree felony for 50 or more victims.
Aggregated Identity Theft and Victim Counting
One of the most important defense issues in identity theft cases is how the state counts and aggregates victims to reach a higher felony level. Prosecutors frequently combine transactions, accounts, and data sets to maximize the victim count and charge the highest available felony. We examine whether each alleged victim’s identifying information was actually used in a separate and distinct offense, whether the state’s method of counting victims is legally supported, and whether certain alleged victims should be excluded because the evidence connecting the defendant to their specific information is insufficient. Reducing the proven victim count can mean the difference between a state jail felony and a first-degree felony with decades in prison.
Penalty: Determined by the number of victims proven at trial. Each victim tier carries a distinct felony level and sentencing range.
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