San Antonio Identity Theft Lawyer

Defending Against Identity Theft Charges in Texas

Identity theft is a growing issue in today's digital age, affecting countless individuals across Texas. At Hernández Dauphin Legal, P.C., we are committed to protecting the rights and interests of our clients when they face identity theft allegations. Our San Antonio identity theft lawyer is here to deliver the legal guidance and representation you need to navigate the complexities of identity theft cases.

Call Hernández Dauphin Legal, P.C. today at (210) 970-7019 or contact us online to schedule a consultation with our identity theft attorney in San Antonio.

What is Identity Theft?

Identity theft is considered a grave crime in Texas, as it involves the fraudulent acquisition and use of someone else's personal information, such as their name, Social Security number, financial data, or other identifying details, without their consent. This stolen information is typically used for financial gain or to engage in various illegal activities, including:

• Financial Fraud: Perpetrators may use stolen identities to open unauthorized credit cards, apply for loans, or engage in fraudulent financial transactions.
• Criminal Activities: Identity theft can be linked to criminal activities, like drug trafficking, money laundering, or other illegal endeavors, where maintaining anonymity is crucial.
• Fraudulent Employment: Some individuals may use stolen identities to gain employment or obtain benefits under someone else's name.
• Impersonation: Perpetrators may impersonate the victim for various reasons, such as avoiding arrest or evading law enforcement.
• Tax Fraud: Identity theft can also be used to commit tax fraud by filing false tax returns to claim refunds.

What are the Penalties for Identity Theft in Texas?

In Texas, identity theft is treated as a severe criminal offense, and the penalties can be severe. The consequences an individual may face if convicted of identity theft can include:

• Criminal Charges: Identity theft can result in felony charges, with penalties ranging from probation and fines to lengthy prison sentences, depending on the severity of the particular offense and the number of victims involved.
• Restitution: Convicted individuals may be required to pay restitution to the victims for any financial losses they incurred due to the identity theft.
• Criminal Record: A conviction for identity theft can lead to a permanent criminal record, negatively impacting an individual's future job prospects, housing applications, and more.
• Loss of Reputation: Identity theft allegations can tarnish an individual's reputation and social standing, even before a trial occurs.
• Federal Charges: In some cases, identity theft can also lead to federal charges, which typically result in more severe penalties.

Defenses Against Identity Theft Charges

Some common defenses against identity theft charges may include:

• Lack of Intent: Establishing that you did not have the intent to commit identity theft can be a powerful defense. This may involve showing that you believed you had permission to use the information in question.
• Mistaken Identity: In some cases, individuals are falsely accused of identity theft due to mistaken identity. We can work to prove that you are not the perpetrator.
• Insufficient Evidence: Challenging the prosecution's evidence and demonstrating that they lack the necessary proof to secure a conviction can be a successful defense strategy.
• Illegal Search and Seizure: If law enforcement acquired evidence against you through an illegal search or seizure, we can argue for excluding that evidence in court.
• Alibi: Providing evidence that you were not present when and where the alleged identity theft occurred can be a compelling defense.
• Consent: We can assert this as a defense if you had the victim's consent to use their personal information.