This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
At LaVine Law Firm, our Houston identity theft lawyer team defends clients facing serious fraud charges under Texas criminal law. Identity theft is not a minor offense. Texas aggressively prosecutes these cases. A conviction can range from a state jail felony to a First Degree Felony, which means decades in prison.
According to the Federal Trade Commission, Texas consistently ranks among the top states for identity theft complaints. Tens of thousands of reports are filed every year. Our criminal defense attorneys understand how these cases are built. We also know how to challenge them.
If you face identity theft charges in Houston or Harris County, call LaVine Law Firm today at 713-489-7806 for a free case evaluation. This page covers Houston Identity Theft Laws, penalties, defense strategies, and everything our legal team can do for you.
Hiring the right criminal defense attorney can change the outcome of an identity theft case. At LaVine Law Firm, we bring focused legal experience to every case. We handle everything from charges involving a single credit card account to large-scale fraud schemes targeting dozens of victims.
We review every detail. How was evidence gathered? Did law enforcement follow proper procedures? Do the facts actually support the Theft charges? Our identity theft defense attorneys provide case evaluation, charge negotiation, and trial defense. We work toward dismissal or reduction of charges at every stage.
We keep our clients informed throughout the entire process. A strong attorney-client relationship is the foundation of every successful defense. Contact our Houston identity theft attorneys today for a confidential consultation.
Identity theft under Texas law reaches far beyond stolen credit card numbers. The Texas Penal Code Chapter 32 governs identity theft and financial fraud offenses. Chapter 31 and Title 7 of the Penal Code address broader theft and property crimes that often accompany these charges. Understanding what qualifies as identity theft is the foundation for building a strong defense.
Under Texas Penal Code Section 32.51, identity theft means the fraudulent use or possession of another person's identifying information without their consent. The intent must be to harm or defraud. "Identifying information" includes a name, social security number, date of birth, driver's license number, financial account numbers, biometric data, and other personal information.
The law criminalizes obtaining, possessing, transferring, or using this information without permission. Prosecutors do not need to prove that actual financial harm occurred. Intent alone is enough to file charges. The number of victims, not the value of the property stolen, determines the severity of the charge under Texas identity theft laws.
Section 32.32 of the Texas Penal Code covers false statements to obtain property or credit. Prosecutors often charge this alongside Section 32.51 in complex fraud cases. Houston Identity Theft Laws also overlap with Unauthorized Use of Credit provisions. These address financial fraud involving credit card accounts and financial systems. Together, these statutes give prosecutors broad tools to pursue criminal activity involving identifying information in our city.
Houston's size and economic activity make it one of the highest-risk areas in Texas for identity theft crimes. Our criminal defense lawyers handle a wide range of fraud schemes. These range from credit card fraud to sophisticated online manipulation targeting victims through social media profiles and online databases. Thieves also use low-tech methods, such as rifling through recycling receptacles or stealing mail, to gather credit card details and identity documents.
Common identity theft cases we see in Houston and Harris County include:
When criminal activity crosses state lines or involves wire fraud, federal charges may be added to state charges. Agencies such as the Secret Service and the Department of Homeland Security may lead the investigation in those cases.
Texas ties identity theft penalties to the number of victims, not just the amount of the fraud. Even a first offense can result in felony charges and significant prison time. Judges have discretion in sentencing. An experienced defense attorney can significantly influence that outcome.
Under Texas Penal Code Section 32.51, penalty tiers increase as the number of victims grows:
Federal identity theft charges under 18 U.S.C. § 1028 carry separate penalties and can run alongside state charges. Aggravated Identity Theft under federal law adds a mandatory two-year sentence to any underlying conviction. Prior convictions can enhance the range of sentences. The statute of limitations varies depending on whether state or federal charges apply. Our identity theft defense attorneys work to reduce exposure at every level, including exploring plea agreement options where appropriate.
The legal penalties are only part of the picture. A conviction carries lasting collateral consequences that reach into almost every area of a person's life. Understanding the full scope of what is at stake makes early and aggressive legal representation even more critical.
Key collateral consequences include:
These consequences make it essential to contact legal counsel as soon as possible after an arrest or the start of an investigation.
Being charged does not mean being convicted. Real and viable defenses exist for identity theft charges in Texas. The strength of any defense depends on the specific facts and how quickly an attorney gets involved. At LaVine Law Firm, we evaluate every possible defense angle from the moment a client reaches out to us.
Our defense strategy always starts with the facts of your case. We challenge the prosecution at every weak point. This includes how evidence was gathered and whether your legal rights were respected throughout the investigation.
Defenses we commonly raise in Houston identity theft cases include:
LaVine Law Firm tailors each defense strategy to the unique facts of every client's case. We also explore options such as sealing your record, negotiating a plea agreement to reduce exposure, and pursuing alternative sentencing, such as Community Service or diversion programs, to protect our clients' futures.
Here are the questions our Houston criminal defense lawyers hear most often from clients and families facing identity theft charges in Texas.
What is the statute of limitations for identity theft in Texas?
The statute of limitations for identity theft under Section 32.51 of the Texas Penal Code is generally seven years from the date of the offense. Federal charges may carry different timelines. We review these deadlines in every case to protect our clients' legal rights from the start.
Can identity theft charges be reduced or dismissed in Houston?
Yes. Depending on the evidence, we may negotiate a charge reduction, pursue a dismissal, or work toward a plea agreement that avoids a felony conviction. The earlier a client contacts us, the more options we can pursue on their behalf.
What is the difference between state and federal identity theft charges?
State charges fall under Texas Penal Code Section 32.51. Federal charges under 18 U.S.C. § 1028 apply when criminal activity crosses state lines, involves wire fraud, or is investigated by federal authorities such as the Secret Service or Department of Homeland Security. Both can apply at the same time in the same case.
What is Aggravated Identity Theft under federal law?
Aggravated Identity Theft is a federal charge that adds a mandatory two-year prison sentence to the underlying offense. It applies when identifying information is used in connection with serious crimes such as drug charges, fraud against the government, or terrorism-related offenses. Our criminal defense attorneys handle both state and federal identity theft cases.
What should I do if I find errors on my consumer reports linked to identity theft?
Contact consumer reporting agencies such as TransUnion to dispute any errors in writing. You can also file a complaint with the Texas Attorney General's Consumer Protection Division. If errors on employment background reports or tenant screening reports cost you a job or housing, civil damages may be available. We can help you explore your options.
Does LaVine Law Firm handle identity theft cases outside of Houston?
Yes. We represent clients throughout Houston and the surrounding Texas area, including Harris County communities such as Galena Park. We handle both state charges in Harris County district courts and cases involving federal authorities, including the Federal Bureau of Prisons, when custody issues arise after conviction.
Facing identity theft charges in Houston is overwhelming. But early action makes a real difference in how your case ends. At LaVine Law Firm, our Houston identity theft lawyer team represents clients throughout Houston and the surrounding Texas area in both state and federal identity theft cases. We deliver aggressive defense, personalized attention, and deep legal experience in Texas criminal law for every client we serve.
Our legal services cover case evaluation, defense strategy development, trial representation, charge negotiation, and post-conviction relief, including record sealing. We also work with clients on payment plans for legal services. Quality legal counsel should be accessible to everyone facing serious charges.
Call LaVine Law Firm today at 713-489-7806 or to schedule your free case evaluation. LaVine Law Firm is ready to defend your rights and fight for your future.
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