Identity theft in Texas is a felony charge that can land you in state prison, depending on how many items were stolen. Under Texas Penal Code § 32.51, a conviction can follow you for the rest of your life — but charges can be fought. The right defense attorney examines every element the prosecution must prove before a jury.
Fort Bend County Identity Theft Defense
An identity theft charge does not just threaten your freedom — it threatens your reputation, your career, and your future. These are serious felony cases that prosecutors pursue aggressively, and a conviction carries consequences that last long after any sentence is served.
Varghese Summersett is a Texas criminal defense firm with offices in Fort Worth, Dallas, Houston, and Southlake. The firm’s criminal defense team brings more than 100 years of combined legal experience and has secured more than 1,600 dismissals and 800 charge reductions across Texas. The firm’s attorneys include Board Certified Criminal Law Specialists — a credential held by fewer than one percent of Texas lawyers — who have tried more than 100 cases before Texas juries, from misdemeanors to capital murder. The team handles cases in Fort Bend County courts every week.
If you or someone you love is facing identity theft charges in Fort Bend County, call (281) 805-2220 any time, day or night. A defense attorney is available 24/7.
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What You Need to Know About Identity Theft Charges
Identity theft cases raise a lot of questions fast. Here are the ones clients ask most often.
Is Identity Theft Always a Felony in Texas?
Yes. Even the lowest level of identity theft under Texas law — possessing or using fewer than five pieces of identifying information — is a state jail felony. Charges escalate quickly based on the number of items involved, and some cases rise to first-degree felony territory, carrying potential life sentences.
What If I Didn’t Know the Information Was Stolen?
Lack of knowledge can be a powerful defense. The prosecution must prove you knew the information belonged to another real person without that person’s consent. If you received data from someone else and did not know it was stolen, that is a fact your defense attorney can develop and present.
Can I Be Charged in Both State and Federal Court?
Yes. Identity theft can trigger both Texas state charges and federal charges if the conduct involved wire fraud, bank fraud, or crossed state lines. Federal identity theft carries mandatory minimums. If you are facing a federal investigation alongside state charges, you need a firm with federal defense experience. Varghese Summersett handles both. Learn more about federal fraud charges in Texas.
Will I Lose My Job If I’m Convicted?
Possibly. A felony conviction for identity theft can disqualify you from jobs in finance, healthcare, education, government, and many licensed professions. Background checks flag fraud-related felonies immediately. Fighting the charge — and keeping your record clean — is far better than any plea that leaves a permanent mark.
What Is Identity Theft Under Texas Law?
Under Texas Penal Code § 32.51, a person commits identity theft if they obtain, possess, transfer, or use identifying information of another person without that person’s consent — and do so with intent to harm or defraud.
“Identifying information” includes names, Social Security numbers, dates of birth, driver’s license numbers, bank or credit card account numbers, passwords, biometric data, and similar personal data tied to a specific individual.
What the State Must Prove
The prosecution must prove each of the following elements beyond a reasonable doubt:
- You obtained, possessed, transferred, or used identifying information
- The information belonged to another person — a real individual, not a fictional one
- You did not have that person’s consent
- You acted with intent to harm or defraud any person
The burden of proof rests entirely on the State. You do not have to prove you are innocent. If the prosecution cannot prove every element beyond a reasonable doubt, the jury must find you not guilty.
Penalties for Identity Theft in Fort Bend County
Texas law grades identity theft based on the number of items of identifying information involved. Penalties increase sharply as the count rises.
- Fewer than 5 items: State jail felony — 180 days to 2 years in state jail, up to $10,000 fine
- 5 to fewer than 10 items: Third-degree felony — 2 to 10 years in prison, up to $10,000 fine
- 10 to fewer than 50 items: Second-degree felony — 2 to 20 years in prison, up to $10,000 fine
- 50 or more items: First-degree felony — 5 to 99 years or life in prison, up to $10,000 fine
If the victim is elderly (65 or older), the charge automatically steps up one level under § 32.51(c-1). That means a state jail case becomes a third-degree felony, and a third-degree becomes a second-degree.
Beyond prison time and fines, a conviction can trigger civil restitution orders, sex offender-like registration requirements in some federal programs, and lifelong limitations on employment and housing. Learn more about identity theft charges under Texas law.
Bond Amounts for Identity Theft in Fort Bend County
Based on an analysis Varghese Summersett completed of 243 fraud and financial crime bonds in Fort Bend County, here is what defendants typically faced at the jail stage for identity theft charges under § 32.51:
Typical Bond Amounts for Identity Theft in Fort Bend County
| Charge Level | Number of Items | Average Bond | Most Common Bond |
|---|---|---|---|
| State Jail Felony | Fewer than 5 items | $17,490 | $10,000 |
| Third-Degree Felony | 5 to fewer than 10 items | $19,432 | $5,000 |
| Second-Degree Felony | 10 to fewer than 50 items | $23,182 | $10,000 |
| First-Degree Felony | 50 or more items | $53,667 | $40,000 |
| Enhanced (Elderly Victim) | Fewer than 5 items, victim 65+ | $28,750 | $10,000 |
Bond amounts can be challenged. A defense attorney can file a motion to reduce bond based on your ties to the community, employment history, lack of prior criminal record, and the strength of the evidence against you. Getting out of jail faster puts you in a much better position to help build your defense.
Common Defenses to Identity Theft Charges
Identity theft cases often appear stronger on paper than they are in a courtroom. Prosecutors rely heavily on digital records, surveillance footage, and statements — all of which can be challenged. Here are the defenses defense attorneys explore most often.
Lack of Intent to Harm or Defraud
The statute requires intent. If you possessed someone else’s information but had no intent to use it for fraud or to cause harm — for example, you were holding documents for a relative or employer — the prosecution may not be able to satisfy this element. Intent is a state of mind, and prosecutors must prove it with circumstantial or direct evidence.
Consent of the Owner
If the person whose information was used gave you permission — even informally — that directly undercuts the prosecution’s case. This defense is particularly relevant in family financial arrangements, business partnerships, and situations where account access was shared.
Mistaken Identity or Wrongful Accusation
Identity theft charges frequently arise from digital evidence: IP addresses, device logs, and transaction records. These can be wrong. Multiple people may have used the same device or account. A skilled defense attorney will subpoena records and work with forensic experts to challenge whether the digital evidence actually points to you.
Illegal Search or Seizure
Law enforcement often executes search warrants in identity theft cases to seize phones, computers, and financial records. If a warrant was invalid — or if officers exceeded its scope — evidence gathered in that search can be suppressed under the Fourth Amendment. Suppressed evidence can collapse a prosecution.
Insufficient Number of Items
The number of qualifying items determines the felony level — and thus the range of punishment. Defense attorneys scrutinize the item count carefully. If the prosecution overstates the number or includes items that do not qualify as “identifying information” under § 32.51, the charge level may drop, reducing the potential sentence significantly.
Chain of Custody Problems
Digital evidence must be collected, preserved, and analyzed according to strict protocols. If law enforcement mishandled devices, failed to maintain proper chain of custody, or used flawed forensic analysis, that evidence becomes vulnerable to challenge.
Learn more about related fraud offenses and defenses at our identity theft defense page and our page on insurance fraud charges in Texas.
The Legal Process: What to Expect in Fort Bend County
Identity theft cases move through the same court system as other felonies in Fort Bend County. Here is what the process typically looks like.
Arrest and Booking
After an arrest, you will be booked at the Fort Bend County Jail in Richmond, Texas. A bond will be set — typically at a magistration hearing within 24 to 48 hours. You have the right to remain silent and the right to an attorney. Use both. Do not answer questions from detectives without your lawyer present.
Charge Filing and Grand Jury
For felony charges, the Fort Bend County District Attorney’s Office will present the case to a grand jury. The grand jury decides whether there is probable cause to indict. If no bill is returned, the case ends. A skilled defense attorney can sometimes present evidence or affirmative information to influence the grand jury’s decision before an indictment is issued.
Pre-Trial Motions
This is where experienced defense attorneys earn their fees. Motions to suppress illegally obtained evidence, motions to challenge the sufficiency of the indictment, and motions to exclude certain testimony can fundamentally reshape a case before it ever reaches a jury.
Resolution or Trial
The vast majority of felony cases resolve before trial — through dismissal, charge reduction, or negotiated plea. If the evidence is strong and the offer is poor, trial is always an option. Varghese Summersett attorneys have tried more than 100 cases before Texas juries, including complex fraud and white collar matters.
Cases in Fort Bend County are heard at the Fort Bend County Justice Center located at 1422 Eugene Heimann Circle, Richmond, TX 77469. The 268th, 400th, 434th, and 458th District Courts handle felony criminal matters.
What Varghese Summersett Will Do for You
From the moment you call, the firm gets to work. Here is what you can expect when you retain Varghese Summersett to defend an identity theft case in Fort Bend County.
Immediate case review. A defense attorney will review the facts, the charges, and the evidence as it becomes available. If you are still in custody, the firm can work to reduce your bond and get you home faster.
Full investigation. The firm’s team will subpoena records, review digital forensics, identify witnesses, and challenge the prosecution’s narrative from every angle. Identity theft cases live and die on technical evidence — and that evidence must be scrutinized.
Pre-indictment intervention. If you have not yet been formally charged, there may be an opportunity to present information to prosecutors before an indictment is filed. Early intervention sometimes leads to reduced charges or no charges at all.
Aggressive motion practice. The firm files motions when the law supports them. Suppression motions, challenges to the item count, and attacks on the chain of custody are all on the table.
Honest advice about your options. The firm will tell you what the evidence shows, what the realistic outcomes are, and what each path forward means for your life. There are no guarantees — but you will always know exactly where you stand.
Varghese Summersett has secured dismissals in Fraud Use/Poss Ident Info cases. The firm’s record includes felony-level fraud charges that were dismissed entirely — not reduced, not deferred, dismissed.
If you are under investigation or have already been charged, the time to act is now. Reach the firm’s Houston-area team at (281) 805-2220 or visit the Fort Bend Criminal Defense page to learn more about how the firm handles cases in this county.
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Frequently Asked Questions
How is identity theft different from credit card abuse in Texas?
Credit card abuse under Texas Penal Code § 32.31 involves fraudulently using or presenting a credit or debit card. Identity theft under § 32.51 is broader — it covers any personal identifying information, not just payment cards. The two charges can be filed together if both card information and other personal data were involved. Learn more about credit and debit card abuse charges.
What happens if the victim is elderly?
Texas law automatically enhances the charge one level when the victim is 65 or older. A state jail felony becomes a third-degree felony. A third-degree becomes a second-degree. This enhancement reflects the legislature’s intent to impose harsher consequences on those who target vulnerable individuals.
Can identity theft charges be expunged from my record?
If charges are dismissed or you are acquitted, you may be eligible for an expunction under Texas law. If you accepted deferred adjudication, you may qualify for a nondisclosure after successfully completing community supervision. A conviction, however, cannot be expunged. This is one reason fighting the charge from the beginning — rather than accepting a quick plea — matters so much.
What should I do if law enforcement wants to question me about identity theft?
Say nothing and call a lawyer immediately. Detectives investigating identity theft are trained to gather statements that can be used against you. Anything you say — even if it seems harmless — can become part of the prosecution’s case. Politely decline to answer questions and ask for an attorney. That right is protected by the Fifth Amendment.
Does Varghese Summersett handle federal identity theft charges?
Yes. The firm handles both state and federal fraud and identity theft cases. Federal charges often arise when the conduct involved banking systems, mail, or electronic communications across state lines. Federal identity theft carries mandatory two-year consecutive sentences on top of any underlying offense. Review the firm’s federal fraud defense page for more information.
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Facing charges in Fort Bend County? Get a free consultation.
Facing an identity theft charge in Fort Bend County is serious — but it is not the end of the road. The prosecution has to prove its case, and a well-prepared defense can challenge every element. The attorneys at Varghese Summersett have done it before and are ready to fight for you. Call (281) 805-2220 for a free consultation.
