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Identity theft is a serious offense in Texas, and it carries harsh legal and financial consequences. Whether using someone’s personal information to open a credit account or engaging in more complex digital schemes, identity theft can lead to criminal charges, civil liability, and long-term damage to the accused person’s reputation and future.

At Peek Law Group, our San Antonio criminal defense attorneys help individuals understand what qualifies as identity theft under state law and what legal defenses may be available if you are under investigation or facing charges.

What Is Identity Theft Under Texas Law?

In Texas, identity theft is prosecuted under Texas Penal Code § 32.51, also known as Fraudulent Use or Possession of Identifying Information. This law makes it a crime to obtain, possess, transfer, or use someone else’s personal information without their consent and intent to harm or defraud them.

Identifying information can include:

  • Social Security numbers.
  • Driver’s license or ID numbers.
  • Bank account or credit card numbers.
  • Birthdates or addresses.
  • Biometric data (like fingerprints).

Even possessing someone else’s identifying information—without actually using it—can lead to criminal charges. The severity of the offense typically depends on the number of items of information involved and whether there is evidence of intent to cause financial harm or commit fraud.

How Serious Are the Penalties for Identity Theft in Texas?

Texas law treats identity theft as a felony, and the penalties escalate based on the scope of the offense.

For example:

  • Possessing less than five items of identifying information is a state jail felony, punishable by up to 2 years and fines up to $10,000.
  • Possessing 5 to 9 items becomes a third-degree felony, punishable by 2 to 10 years in prison.
  • Possessing 10 or more items can be charged as a second- or even first-degree felony, with potential prison time of 20 years or more.

In addition to prison time, anyone convicted of identity theft may face:

  • Restitution payments to victims.
  • Civil lawsuits for financial damages.
  • Long-term harm to employment opportunities and credit history.

At Peek Law Group, we recognize that not every identity theft accusation is clear-cut, and that people can be charged based on misunderstandings or incomplete evidence.

What Should You Do If You’re Accused of Identity Theft?

Being accused of identity theft can be overwhelming. Whether it stems from a business dispute, computer misuse, or stolen mail, it’s critical to speak with an experienced attorney before making any statements to law enforcement.

Our team at Peek Law Group can help by:

  • Reviewing the evidence and identifying weaknesses in the prosecution’s case.
  • Negotiating with prosecutors to reduce or dismiss charges where appropriate.
  • Fighting for your rights in court and ensuring you are treated fairly throughout the legal process.

We understand how a false accusation or a moment of poor judgment can impact your future, and we’re here to help protect it.

Facing Identity Theft Charges? Call Peek Law Group Today

If you are under investigation or arrested for identity theft in Texas, don’t wait to get legal help. Contact Peek Law Group at (512) 399-2311 or complete our online form for a confidential consultation today. We’ll walk you through your rights, explain your legal options, and work aggressively to defend your freedom and reputation.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.

This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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