San Antonio Fraudulent Use or Possession of Identifying Information Attorney

The Texas Penal Code defines the criminal offense of fraudulent use or possession of identifying information in section 32.51. This offense involves the unlawful use or possession of another person’s identifying information, such as their name, date of birth, or social security number, with the intent to harm or defraud that person or another individual.

Under Texas law, it is a crime to use or possess identifying information of another person without their consent, with the intent to obtain a benefit or to harm or defraud the individual whose information was used. This can include using someone else’s personal information to open a credit card account, obtain a loan, or even to obtain employment.

It is important to note that even if no actual harm is caused, a person can still be charged with this offense if they had the intent to harm or defraud another individual. This means that even if the individual was unable to carry out their plans, they can still be charged with fraudulent use or possession of identifying information.

Presumption of Intent

Under Texas Penal Code 32.51(b-1), a presumption of intent is created when a person is found to be in possession of three or more items of identifying information of another person. This means that if a person is found to be in possession of multiple pieces of identifying information belonging to another person, it is assumed that they had the intent to use or sell that information for the purpose of harming or defrauding that individual or another person.

This presumption can be overcome if the person is able to provide a reasonable explanation for why they were in possession of the identifying information. For example, if a person is found to be in possession of multiple pieces of identifying information but can provide evidence that they were collecting the information as part of a legitimate investigation, they may be able to overcome the presumption of intent.

The presumption of intent under Texas Penal Code 32.51(b-1) is important because it helps to establish the necessary elements of the crime of fraudulent use or possession of identifying information. Without this presumption, it may be more difficult for the prosecution to prove that the person had the necessary intent to harm or defraud another individual.

It is important to note that this presumption does not apply if the person is in possession of only two or less items of identifying information. In this case, the prosecution must still prove that the person had the intent to use or sell the information for the purpose of harming or defrauding another person.

Defenses to the Crime

If you have been charged with this offense, it is important to understand the possible defenses that may be available to you.

One possible defense is that you did not have the intent to harm or defraud another person. In order to be convicted of this offense, the prosecution must prove that you had the intent to use or sell the identifying information for the purpose of harming or defrauding another individual. If you can provide evidence that you did not have this intent, such as by showing that you were collecting the information for a legitimate purpose, it may be possible to have the charges against you dismissed.

Another possible defense is that you did not know that the identifying information was being used fraudulently. If you were unaware that the identifying information was being used for fraudulent purposes, you may be able to argue that you did not have the necessary intent to be found guilty of this offense.

It is important to note that the defenses available to you will depend on the specific circumstances of your case. If you have been charged with this offense, it is important to consult with an experienced criminal defense attorney to determine the best course of action for your case. An attorney can review the facts of your case and advise you on the defenses that may be available to you.

Potential Punishments

it is important to understand the possible punishments and consequences that you may face. The punishment depends on how many of items of information were obtained, possessed, transferred, or used, not how many victims there may have been. The punishments are as follows:

Less than five items: This offense is classified as a State Jail Felony

Five item or more but less than ten: This offense is classified as a Third-Degree Felony

Ten items or more but less than fifty: This offense is classified as a Second-Degree Felony

Fifty items or more: This offense is classified as a First-Degree Felony

In addition to the criminal penalties, a conviction for fraudulent use or possession of identifying information can also have other consequences. For example, it may be difficult to obtain employment or housing with a criminal record, and you may also face difficulties when traveling or applying for certain types of loans. It is important to be aware of these potential consequences and to work with an experienced criminal defense attorney to minimize the impact of a charge or conviction on your future.

Attorney Brad Thornton

If you have been charged with fraudulent use or possession of identifying information in San Antonio, Texas, it is important to speak with an experienced criminal defense attorney as soon as possible. Board-certified criminal defense attorney Brad Thornton is an excellent choice in this situation. With more than 20 years of experience handling criminal cases in the San Antonio area, Mr. Thornton has a deep understanding of the local criminal justice system and a track record of success in defending his clients.

In addition, as a former chief prosecutor, he has extensive experience on the other side of the courtroom and knows how to effectively navigate the legal process to achieve the best possible outcome for his clients. Mr. Thornton is dedicated to protecting the rights and interests of his clients and will work tirelessly to defend you against the charges you are facing.

If you have been charged with fraudulent use or possession of identifying information in San Antonio, Texas, do not hesitate to call Mr. Thornton for a free consultation to discuss your case.