Texas Identity Theft Attorney

If you’re being accused of identity theft in Austin, you may feel like the ground just dropped beneath you. Legal jargon, court dates, and the weight of a possible conviction are not easy to process. That’s why you need someone in your corner who understands the laws and people. As an identity theft attorney, we’re here to walk you through this. At The Law Office of David D. White, PLLC, we aim to protect your rights while helping you make the best choices for your future.

What Is Identity Theft?

Identity theft means using someone else’s details without their permission to gain something, money, credit, services, or even legal documents. According to the Texas Attorney General, these crimes might involve stealing a Social Security number, driver’s license, or bank information. In Texas, this is treated as a serious offense, often prosecuted to the full extent of the law.

Victims of identity theft often endure prolonged stress, as restoring one’s name and credit can be a time-consuming and challenging process. False charges, unauthorized purchases, or fraudulent accounts may linger on your financial records long after the incident.

Understanding Texas Identity Theft Laws

Under Texas Penal Code Section 32.51, identity theft is referred to as the fraudulent use or possession of identifying information. This includes obtaining or using someone else’s data, like their name, date of birth, or financial info, without permission and intending to cause harm or defraud.

According to the Texas Identity Theft Enforcement and Protection Act, Texas laws aim to protect citizens’ personal information and provide penalties for those who abuse it.

Presumption of Intent in Identity Theft Cases

When authorities find a person possessing three or more individuals’ identifying details, Texas law may assume there’s intent to defraud. This assumption gives prosecutors a starting point, but it’s not the end of the story. The right legal strategy can question this presumption and affect your outcome.

How Identity Theft Can Impact Your Life

Facing these charges does more than put your freedom at risk—it affects your reputation, career, and peace of mind. We’ve seen people:

• Put on unpaid leave or terminated from work.
• Cut off from family or community support.
• Struggling to pay bills due to lost wages and mounting legal costs.

If the court grants a conviction, the impact might last for years. Alongside jail time and fines, a criminal record can complicate housing, employment, and credit eligibility.

In addition to legal repercussions, the social stigma associated with a fraud-related offense can make everyday interactions more difficult. Explaining your situation to employers, landlords, friends, and family can be draining and embarrassing.

Steps to Take After Your Identity Has Been Stolen

Taking action quickly matters if you’ve been accused unjustly or your identity has been used without consent. Here’s where to begin:

Contact the Credit Bureau

Contact one of the major credit bureaus, Equifax, TransUnion, or Experian, and place a fraud alert. This can stop new lines of credit from being opened while your situation is investigated.

Review Your Accounts

Go through your bank, credit card, and credit report histories carefully. If you see charges or accounts you didn’t open, note them. Keeping track of this will be helpful when speaking with your attorney or law enforcement.

Request a Security Freeze

This step goes further than a fraud alert. Freezing your credit keeps lenders from seeing your report, which makes it harder for someone to take out loans in your name.

Change Your Passwords

Update your login credentials, starting with email and bank accounts. Choose strong, unique passwords. Use multi-factor authentication or a secure password manager.

Call the Police

Report the incident to your local police department. This isn’t just a procedural step; it creates a paper trail that banks and legal teams can refer to as your case unfolds.

Punishment and Severity of Identity Theft Offenses

Texas charges identity theft based on how much information was allegedly used or held:

• Less than five people’s data: State jail felony
• 5 to 10: Third-degree felony
• 11 to 50: Second-degree felony
• More than 50: First-degree felony

Each level increases potential penalties, including longer sentences and higher fines. Some cases involving senior citizens or vulnerable victims may lead to enhanced charges. Identity theft offenses occasionally draw federal attention if they cross state lines or involve large financial institutions.

Repeat offenses or coordinated schemes can result in additional charges, such as conspiracy, wire fraud, or mail fraud, each with profound implications. Understanding the broader legal landscape helps prepare you for what’s ahead.

Possible Defenses for Identity Theft Charges in Texas

Not every charge leads to a conviction. Depending on the facts, you may have a valid defense, such as:

• No criminal intent: We might be able to show your actions weren’t meant to defraud anyone.
• Wrong person charged: Someone else could’ve committed the act while using your credentials.
• Consent was given: If you had permission to use the information in question, the accusation might not hold.
• Unlawful search: If the evidence was collected without following legal procedures, we can challenge its use in court.

A well-prepared defense focuses on the details that matter most. Timing, digital footprints, and communication history can all become crucial in shaping the direction of your case.

Get Help From an Identity Theft Lawyer

These charges are complex and stressful, but you’re not alone. A criminal defense attorney who knows the ins and outs of identity theft laws can step in to assess the details and fight for a better outcome. We’ll handle negotiations, challenge the evidence, and help you understand each phase of the process.

How an Identity Theft Lawyer Can Help You

We understand that every case has its own set of circumstances. People don’t come to us just for legal terminology; they go because they need to know what to do next. Many feel overwhelmed by the process, unsure how to respond to charges or where to begin.

Our role is to help bring order to the chaos. That begins with reviewing what happened, what evidence law enforcement has collected, and identifying legal responses available to you. We can evaluate whether procedures were followed correctly, whether there’s room to challenge the charges, and whether negotiation or litigation is more appropriate.

Identity Theft and Fraud Defense Results

17 of 18 Felony Fraud Indictments Dismissed — Travis County (2026)

Across eighteen credit/debit-card-abuse indictments, seventeen were dismissed and the final count was reduced to a misdemeanor resolved with two days’ credit, after the defense presented partial restitution and mitigation up front.

Every case is fact-specific.

“When you hire this firm, you get a named attorney from intake through resolution. The lawyer who explains your case at signing is the lawyer who appears at every setting. We do not hand cases off to whoever is at docket call.”

David D. White

Austin Criminal Defense Lawyer

Call Now to Start Your Defense

Don’t navigate this alone if you’re being charged with identity theft in Austin. Call The Law Office of David D. White, PLLC at (512) 369-3737 today. Speak directly with an identity theft attorney who takes the time to understand your story and stand by you.

Get A Free Consultation

Fill out the form below or call us at 512-369-3737. You will receive an answer within 24 hours

request free consultation Call Us: 512-369-3737

Check Out More Helpful Articles

• Is Doxing Illegal in Texas?
• What Does Disposition Mean in Court?
• Class B Misdemeanors in Texas: What You Need to Know

Client Reviews

What our clients are saying about us

Banas Transportation

The firm has earned 145+ five-star Google reviews from former clients. Read recent reviews on Google.

View More Reviews on Google Maps and Yelp