Credit card abuse charges in Denton County carry serious penalties, but the State must prove beyond a reasonable doubt that you committed fraud with someone else’s payment card information. Many charges are reduced or dismissed when prosecutors cannot establish all elements of the offense or when we can demonstrate the transaction was authorized or an honest mistake.
Varghese Summersett represents clients throughout Denton County with a team that includes board-certified attorneys and former prosecutors. Our criminal defense practice has secured more than 1,600 dismissals and 800 charge reductions across Texas on various types of cases. We’ve defended individuals accused of fraud, theft, and white collar offenses, achieving favorable outcomes in complex financial crime cases.
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What is Credit Card Abuse in Texas?
Credit card abuse occurs when someone uses, possesses, or obtains payment card information without the cardholder’s effective consent. The offense applies to credit cards, debit cards, and other payment devices.
Under Texas Penal Code § 32.31, credit card abuse can take several forms:
A person commits credit card abuse if they: use a card without the cardholder’s consent, use a card that was obtained illegally, sell or buy a card from someone other than the issuer, receive goods or services they know were obtained through unauthorized use, steal or knowingly possess a stolen card, use a fictitious card, use an expired or revoked card, falsely represent themselves as the cardholder, or receive a benefit from someone else’s unauthorized use.
What the State Must Prove
To convict you of credit card abuse, the prosecution must prove every element beyond a reasonable doubt:
- You used, possessed, bought, sold, or received a credit or debit card
- You did so with intent to use it, sell it, or give it to someone else
- The cardholder did not consent to your use
- You knew the card was obtained illegally, was stolen, expired, revoked, or fictitious
The burden is entirely on the State. You do not have to prove your innocence.
Penalties for Credit Card Abuse
Credit card abuse can be charged as either a misdemeanor or felony depending on the number of cards involved and whether enhanced penalties apply.
Standard credit card abuse is a State Jail Felony, punishable by:
- 180 days to 2 years in state jail
- Fine up to $10,000
- Potential community supervision
The offense becomes a Third Degree Felony (2-10 years prison, fine up to $10,000) if committed against an elderly person.
Additional consequences include difficulty obtaining employment, loss of professional licenses, damage to credit, and a permanent criminal record that appears in background checks.
Bond Amounts in Denton County
Based on an analysis Varghese Summersett completed of over 12,937 bonds in Denton County in 2025:
| Charge | Number of Cases | Average Bond | Most Common Bond |
|---|---|---|---|
| Credit Card or Debit Card Abuse | 56 | $5,421.46 | $5,000.00 |
| Credit Card Abuse – Elderly Victim | 4 | $12,125.00 | $3,500.00 |
| Fraud Possession/Use Credit Card (Less than 5) | 17 | $3,558.82 | $2,500.00 |
Bond amounts vary based on your prior criminal history, the facts of the case, whether the victim was elderly, and the number of cards involved.
Common Defenses to Credit Card Abuse
Successful defense strategies attack the elements the State must prove.
Authorization
If the cardholder gave you permission to use the card, there is no offense. We gather evidence of authorization through text messages, emails, witness testimony, or proof of your relationship with the cardholder.
Lack of Knowledge
You cannot be convicted if you didn’t know the card was stolen, expired, or revoked. If you reasonably believed you had permission to use the card, the State cannot prove the required mental state.
Intent
The State must prove you intended to defraud or deprive the cardholder. Mistakes, confusion about authorization, or good faith belief you were permitted to use the card negate criminal intent.
Insufficient Evidence
Prosecutors often rely on circumstantial evidence or statements from witnesses who may be unreliable or have motives to lie. We challenge weak evidence through cross-examination and by presenting alternative explanations for the transaction.
Identity Issues
In cases involving online transactions or point-of-sale systems, the State must prove you were the person who actually used the card. Security footage, IP addresses, and witness identifications can all be challenged.
The Legal Process
Credit card abuse cases typically follow this progression in Denton County:
After arrest, you’ll appear before a magistrate for an initial appearance where bond is set. If your case is a felony, it will be presented to a grand jury, which decides whether to indict. If indicted, you’ll be arraigned in the district court where you enter your plea. The case proceeds through pre-trial hearings, where we file motions to suppress evidence, challenge the sufficiency of the indictment, or seek dismissal. Most cases resolve through plea negotiations, but we’re prepared to take your case to trial if that serves your interests.
Throughout this process, we investigate the allegations, interview witnesses, review transaction records, and build your defense. Early intervention often leads to better outcomes.
Related Financial Crimes Charges
Credit card abuse often appears alongside other charges. Understanding the full scope of potential liability is essential.
Identity theft charges arise when someone possesses or uses another person’s identifying information with intent to defraud. This frequently overlaps with credit card cases when personal information was used to obtain cards.
Forgery charges may apply if you signed someone else’s name on receipts or credit applications. These cases often involve allegations that you created or altered financial documents.
Insurance fraud becomes relevant when credit card purchases involve false insurance claims or when defendants attempt to cover losses through fraudulent claims.
What to Expect From Varghese Summersett
When you hire Varghese Summersett, you get immediate action on your case. We request discovery, interview witnesses, and begin building your defense right away.
Your attorney will explain every stage of the process, your options at each point, and the potential consequences of different decisions. We believe in transparent communication and return calls promptly.
Our team includes former prosecutors who understand how the State builds these cases. We know the Denton County District Attorney’s office, the courts, and the judges. This knowledge helps us anticipate the prosecution’s strategy and position your case for the best possible outcome.
We handle everything from negotiating with prosecutors to filing pre-trial motions to taking your case to trial if necessary. Our goal is to get your charges dismissed or reduced, and if that’s not possible, to minimize the consequences you face.
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Video: What is Credit Card Abuse?
Frequently Asked Questions
Can I be charged if I borrowed the card with permission?
If the cardholder gave you permission to use their card, you have not committed credit card abuse. However, prosecutors may claim you exceeded the scope of permission or used the card after permission was revoked. Documentation of authorization is critical to your defense.
What if I found the card and used it?
Using a found credit card constitutes credit card abuse. The law requires you to return found cards to the issuer. Using a card you found, even for a single transaction, can result in felony charges.
Can my case be dismissed if the merchant got their money back?
Restitution does not automatically result in dismissal, but it can influence the prosecutor’s willingness to negotiate. Paying back what was taken demonstrates acceptance of responsibility and reduces the likelihood of significant penalties.
What’s the difference between credit card abuse and identity theft?
Credit card abuse involves the unauthorized use of a card itself. Identity theft involves using another person’s identifying information to obtain credit, goods, or services. Cases often involve both charges when someone used personal information to obtain cards and then used those cards without authorization.
Will I go to prison for a first offense?
Prison is possible but not automatic for first-time offenders. Many first-time defendants receive community supervision (probation) if convicted. Dismissal or reduction to a misdemeanor is also possible depending on the facts of your case and the strength of the State’s evidence.
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Get Help With Your Denton County Credit Card Abuse Case
If you’re facing credit card abuse charges in Denton County, contact Varghese Summersett at (940) 252-2220 Well review your case, explain your options, and start building your defense strategy. Your initial consultation is free and confidential.
