In Denton County, identity theft charges carry serious consequences that can result in years of imprisonment and permanent damage to your reputation. If you possess or use someone else’s identifying information without their consent, prosecutors can file charges ranging from state jail felonies to first-degree felonies, depending on the number of victims involved.
Varghese Summersett has defended clients against identity theft charges in Denton County and throughout North Texas. Our team of more than 70 legal professionals includes board-certified criminal law specialists with over 100 years of combined experience. We’ve secured more than 1,600 dismissals and 800 charge reductions across all practice areas. Our attorneys include former prosecutors who understand how the State builds these cases and know how to dismantle them.
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What Exactly Is Identity Theft Under Texas Law?
Identity theft in Texas extends far beyond simply stealing someone’s credit card. The offense covers a broad range of conduct involving another person’s identifying information. Many people don’t realize they’re committing identity theft until they face criminal charges.
Common Questions About Identity Theft Charges
Can you be charged with identity theft for using a fake ID at a bar? Yes. Does borrowing someone’s debit card with permission count? It depends on whether you exceeded that permission. What if you find a credit card and use it once? That’s still identity theft. The law casts a wide net, and prosecutors in Denton County pursue these cases aggressively.
People also ask whether identity theft only applies to financial information. The statute covers Social Security numbers, driver’s license numbers, dates of birth, and any other information that can be used to identify someone. Using a deceased person’s information also constitutes identity theft, even if no one is harmed.
The Legal Definition: Texas Penal Code § 32.51
Under Texas Penal Code § 32.51, a person commits identity theft when they obtain, possess, transfer, or use identifying information of another person without that person’s consent and with intent to harm or defraud another person.
What the Prosecution Must Prove Beyond a Reasonable Doubt
In every identity theft prosecution, the State bears the burden of proof. The defendant has no obligation to prove innocence. Prosecutors must establish each element beyond a reasonable doubt:
- The defendant obtained, possessed, transferred, or used identifying information
- The information belonged to another person
- The defendant acted without that person’s consent
- The defendant intended to harm or defraud another person
The prosecution must prove intent to harm or defraud. Merely possessing someone else’s information isn’t enough. The State must show you planned to use that information for illegal purposes. This intent element creates significant defense opportunities.
Penalties: The Number of Victims Determines Your Exposure
Texas structures identity theft penalties based on how many separate pieces of identifying information you allegedly possessed or used. This means the same conduct can result in vastly different sentences depending on how prosecutors count the items.
Classification by Number of Items
Fewer than 5 items (State Jail Felony): 180 days to 2 years in state jail, fine up to $10,000
5 to 9 items (Third-Degree Felony): 2 to 10 years in prison, fine up to $10,000
10 to 49 items (Second-Degree Felony): 2 to 20 years in prison, fine up to $10,000
50 or more items (First-Degree Felony): 5 to 99 years or life in prison, fine up to $10,000
Enhanced Penalties for Elderly or Disabled Victims
If the victim is 65 years or older or a disabled person, the offense level increases by one degree. A state jail felony becomes a third-degree felony. A first-degree felony carries a minimum of 15 years in prison.
Additional Consequences Beyond Prison
A conviction creates a permanent criminal record that appears on background checks. You may lose professional licenses in fields like finance, healthcare, or real estate. Student loans and federal housing assistance can be denied. Immigration consequences include deportation for non-citizens. Civil lawsuits from victims can result in substantial financial judgments.
What Bond Will Be Set in Denton County?
Based on an analysis Varghese Summersett completed of over 12,937 bonds set in Denton County during 2025, typical bond amounts for identity theft vary significantly based on the number of items involved and other case-specific factors.
Typical Bond Amounts for Identity Theft in Denton County
| Offense Level | Typical Bond Range | Most Common Bond |
|---|---|---|
| Fraud Use/Possess Identifying Info (Fewer than 5 items) | $2,500 to $25,000 | $5,000 |
| Fraud Use/Possess Identifying Info (5 to 9 items) | $5,000 to $30,000 | $20,000 |
| Fraud Use/Possess Identifying Info (10 to 49 items) | $5,000 to $40,000 | $5,000 |
| Fraud Use/Possess Identifying Info (50 or more items) | $10,000 to $50,000 | $25,000 |
| Identity Theft Against Elderly Victim (Fewer than 5 items) | $5,000 to $50,000 | $5,000 |
Judges consider factors beyond the charge level when setting bond. Your criminal history, ties to the community, employment status, and whether you’re a flight risk all influence the amount. If you have no prior record and strong community ties, you may receive a lower bond. Prosecutors may request higher bonds if they believe you pose a danger to the community or might flee.
Common Defenses: How Each Element Can Be Challenged
Every identity theft case presents unique defense opportunities. The State’s burden to prove each element beyond a reasonable doubt creates multiple pressure points where a skilled attorney can attack the prosecution’s case.
Lack of Intent to Harm or Defraud
The most powerful defense challenges the intent element. Perhaps you possessed the information for a legitimate purpose. Maybe you intended to return it to the owner. The prosecution must prove you specifically planned to harm or defraud someone. Circumstantial evidence of intent often crumbles under cross-examination.
Consent or Authorization
If the alleged victim gave you permission to use their information, no crime occurred. This defense applies when you had authority to use a family member’s credit card or were an authorized user on an account. The prosecution must prove lack of consent, and reasonable doubt about consent leads to acquittal.
Insufficient Evidence of Possession or Use
Prosecutors sometimes charge identity theft based on weak evidence. They must prove you actually possessed or used the information. If police found information on a shared computer or in a common area, they cannot prove you possessed it. If the alleged use occurred before you had access to the information, the timeline doesn’t match the charges.
Mistaken Identity
Online fraud and identity theft often involve sophisticated technology. Hackers can route activity through innocent people’s IP addresses. Credit card skimmers can be installed without a business owner’s knowledge. If prosecutors cannot definitively place you at the scene of the fraud, they cannot prove you committed it.
Violation of Constitutional Rights
Police must follow strict procedures when gathering evidence. If they searched your phone, computer, or property without a valid warrant, that evidence cannot be used against you. If officers obtained your confession through coercion or without reading Miranda rights, those statements must be suppressed. Constitutional violations can result in complete dismissal.
Insufficient Number of Items
Prosecutors sometimes overcount the number of items to inflate the charge level. One credit card with multiple numbers on it might be counted as multiple items. Our Denton County identity theft lawyers challenge these counting methods to reduce charges from felonies to lesser offenses or to minimize prison exposure.
The Legal Process: What Happens After an Identity Theft Arrest
Understanding the criminal justice process helps you make informed decisions at each stage. Identity theft cases in Denton County typically follow this timeline, though each case varies based on its specific facts.
Immediate Steps After Arrest
After arrest, you’ll be taken to the Denton County Jail for booking. Police will photograph you, take fingerprints, and conduct a background check. You’ll appear before a magistrate within 48 hours for an initial hearing where bond will be set.
Do not make any statements to police without an attorney present. Officers will try to get you to explain yourself. They may suggest that cooperation will help your case. This is false. Anything you say will be used against you. Exercise your right to remain silent and request an attorney immediately.
The Investigation Phase
While you’re out on bond, prosecutors continue investigating. They may subpoena bank records, credit card statements, surveillance footage, and computer records. This is when having an experienced Denton County identity theft lawyer matters most. We can conduct our own investigation, interview witnesses, and gather evidence before prosecutors build their case.
Pre-Indictment Intervention
In some cases, we can persuade prosecutors to decline charges before they file an indictment. This requires presenting compelling evidence of innocence or showing fatal flaws in their case. Pre-indictment intervention is the best outcome because no criminal case ever appears on your record.
Grand Jury Presentation
For felony charges, prosecutors must present their case to a grand jury. Unlike a trial jury, grand jurors only hear the prosecution’s side. They vote on whether probable cause exists to indict you. If they vote no, the case is “no-billed” and dismissed.
Arraignment and Plea Negotiations
If indicted, you’ll be formally charged. This begins the plea negotiation phase. Most cases resolve through plea agreements rather than trial. We negotiate with prosecutors to reduce charges, minimize sentences, or structure deals that avoid conviction entirely through deferred adjudication.
Pre-Trial Motions
Before trial, we file motions to suppress illegally obtained evidence, dismiss charges based on insufficient evidence, or exclude certain testimony. Winning these motions can force prosecutors to dismiss the case or accept a favorable plea agreement.
Trial
If negotiations fail and the evidence supports going to trial, we prepare for a jury trial. Identity theft trials often involve complex financial records and technical evidence. We work with forensic accountants and computer experts to challenge the prosecution’s evidence and present your defense.
Why Prosecutors Aggressively Pursue Identity Theft Cases
Denton County prosecutors treat identity theft as a serious offense that demands aggressive prosecution. Understanding their perspective helps us counter their tactics.
The Victim Impact Narrative
Prosecutors emphasize how identity theft victims suffer. They present testimony about ruined credit scores, drained bank accounts, and years spent repairing financial damage. They argue that identity theft is not a victimless crime and that defendants deserve harsh punishment. We counter this narrative by humanizing our clients and showing the circumstances that led to charges.
Public Safety and Deterrence
District attorneys want to send a message that fraud will not be tolerated. They believe harsh sentences deter others from committing similar crimes. They pursue prison time even for first-time offenders. We fight this approach by showing that rehabilitation and restitution serve justice better than incarceration.
Political Pressure
Identity theft cases sometimes receive media attention. Prosecutors face political pressure to secure convictions and demonstrate toughness on crime. This can make them resistant to reasonable plea offers. Having attorneys with trial experience puts pressure on prosecutors because they know we will take weak cases to trial.
Don’t wait to protect your rights. Call us at (940) 252-2220 to speak with an experienced Denton County identity theft lawyer who can start building your defense immediately.
What to Expect From Varghese Summersett
When you hire Varghese Summersett to defend your identity theft case in Denton County, you get more than just legal representation. You get a team that treats your case with the urgency and attention it deserves.
Immediate Action
We begin working on your case the moment you retain us. We contact prosecutors, review police reports, and start gathering evidence. If you’re in custody, we work to reduce your bond or secure your release. Time matters in criminal defense, and we don’t waste it.
Transparent Communication
You’ll always know what’s happening in your case. We explain legal concepts in plain language without jargon. You’ll have direct access to your attorney. We return calls promptly and keep you informed of every development.
Thorough Investigation
We investigate every aspect of your case. We interview witnesses, review surveillance footage, examine financial records, and consult with experts. We don’t accept the prosecution’s version of events. We build our own case based on facts and evidence.
Strategic Negotiation
We negotiate from a position of strength. Prosecutors know we prepare every case for trial, which motivates them to offer better deals. We explore all options including dismissal, charge reduction, deferred adjudication, and pretrial diversion. We never pressure you to accept a plea. The decision is always yours.
Trial-Ready Preparation
If your case goes to trial, you’ll have experienced trial attorneys by your side. We have tried more than 100 cases before Texas juries. We know how to cross-examine witnesses, challenge forensic evidence, and present compelling defenses. We prepare as if every case will go to trial because that preparation leads to better outcomes.
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Frequently Asked Questions
Can I be charged with identity theft if I only intended to use the information once?
Yes. The statute doesn’t require repeated use. A single instance of obtaining, possessing, or using someone else’s identifying information without consent and with intent to harm or defraud is sufficient for prosecution. Even if you never actually used the information, mere possession with intent can result in charges.
What if I found someone’s credit card and tried to return it?
Your intent matters. If you genuinely tried to return the card and never attempted to use it, you may have a valid defense. However, prosecutors may still charge you if circumstances suggest otherwise. Having an attorney explain your actions to investigators early in the process can prevent charges from being filed.
Will I go to prison for a first-time identity theft offense?
Not necessarily. First-time offenders may qualify for deferred adjudication, pretrial diversion, or probation. Much depends on the number of items involved, the amount of financial loss, whether violence was involved, and your criminal history. An experienced attorney can often negotiate outcomes that avoid prison.
How long does an identity theft case take to resolve?
Most cases resolve within 6 to 18 months, though complex cases involving multiple victims or large financial losses can take longer. Cases that go to trial typically take 12 to 24 months from arrest to verdict. Pre-indictment dismissals can occur within a few weeks if we act quickly.
Can charges be dropped if the victim doesn’t want to prosecute?
The victim’s wishes matter but don’t control the outcome. Prosecutors make the final decision about whether to pursue charges. In some cases, victim cooperation makes prosecution difficult and prosecutors may dismiss charges. However, if prosecutors have sufficient evidence without the victim’s testimony, they often proceed regardless of the victim’s preferences.
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Protect Your Future Today
Identity theft charges threaten your freedom, your reputation, and your future. Every day you wait to hire an attorney is a day prosecutors use to build their case against you. The attorneys at Varghese Summersett have defended clients against fraud charges and achieved favorable outcomes in cases that seemed impossible.
We offer free consultations where we review your case, explain your options, and develop a defense strategy tailored to your circumstances. Call us at (940) 252-2220 to speak with an experienced Denton County identity theft lawyer who can start fighting for you immediately.
