McKinney Identity Theft Defense Lawyers

Attorneys Helping Clients Defend Against Identity Theft Charges in McKinney, Texas

Offenses that are classified as white collar crimes generally involve deception, fraud, or financial manipulation. However, they may also involve claims that a person used someone else's identifying information without their authorization with the intent to cause harm or to fraudulently obtain money, goods, or services. Identity theft is considered to be a serious offense because of the ways it can harm victims, who may experience financial losses and difficulties that could affect their credit scores, businesses, or relationships with financial institutions.

People who have been accused of identity theft will often face felony charges, and they will need to understand what steps they can take to defend themselves in criminal cases. At Texas Defense Firm, our lawyers have extensive experience representing clients who have been accused of white collar crimes in McKinney and the surrounding areas. We know how these cases are handled in local courts and how to build effective defense strategies for our clients. We will advocate for our clients' rights and help determine the ideal approach to prevent a felony conviction.

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What Is Identity Theft?

The possession or use of someone else's identifying information without that person's authorization could lead to charges of identity theft. Identifying information that may be addressed in these cases includes names, birth dates, Social Security numbers, driver's license numbers, other government-issued ID numbers, bank account numbers, online account information, identifying information for a person's electronic devices, or biometric data like fingerprints.

A person could be charged with an identity theft offense when they use someone's information for fraudulent purposes or sell or transfer identity data to someone else. Even acquiring or possessing identity information may lead to identity theft charges if a person intended to use the information to commit fraud or cause harm.

Situations That Can Lead to Identity Theft Charges

Many identity theft cases will involve accusations that a person used someone's information to open a credit card or loan account, make purchases, file a fraudulent tax return, or take other steps to obtain something of value. These charges may be related to fraud or forgery.

Since identity theft charges may also involve an intent to cause harm, a person could face criminal charges if they allegedly used someone's information to inflict emotional distress. For example, accessing someone's online account and sharing embarrassing information could be considered identity theft.

Criminal charges may also apply in situations where people access, buy, or sell other people's identifying information. A person may be accused of hacking into a computer system that contains lists of people's names and Social Security numbers, then storing that data and selling it to someone who plans to use it to commit fraud. In these cases, identity theft charges may apply alongside charges of computer crimes related to unauthorized access to computer systems or networks.

Penalties for Identity Theft Convictions

The penalties for identity theft will typically be based on the number of items of identifying information that a person allegedly possessed, transferred, or used without authorization. Offenses that allegedly involved large amounts of information for multiple people will be more likely to lead to more serious penalties. The specific penalties may include:

• One to Four Items: State jail felony, punishable by 180 days to 2 years in a state jail facility.
• Five to Nine Items: Third-degree felony, punishable by 2 to 10 years in prison.
• 10 to 49 Items: Second-degree felony, punishable by 2 to 20 years in prison.
• 50 or More Items: First-degree felony, punishable by 5 to 99 years in prison.

Each item of information or each victim may be considered rather than the dollar amount involved in an alleged offense. A person who allegedly possessed a spreadsheet containing dozens of names and account numbers could face first-degree felony charges, even if no money was ever actually taken, and the information was never used for any transactions.

Options for Defense for People Charged With Identity Theft

As with charges of fraud and other types of white collar crimes, identity theft charges involve an intent to cause harm or defraud someone. Our attorneys can take steps to challenge the claims made by prosecutors and show that there is no way to prove that a person intended to commit fraud or cause harm.

In some cases, a person may have possessed information belonging to a family member, roommate, or former partner, but they may not have intended to use this information without authorization or sell or transfer the information to anyone else. Our lawyers may argue that there are innocent explanations for a person's actions or that our client had consent to use someone else's information.

We may also take steps to show that information was stored on a device used by multiple people, such as a family computer. By raising doubts about whether a person was aware of information or had any intent to use it to commit an offense, we can take steps to defend against a conviction. We may also review the information involved in a case and challenge whether it qualifies as identifying information that would support identity theft charges.

Contact Our McKinney Identity Theft Defense Attorneys

When you are facing white collar crime charges involving accusations of identity theft, fraud, and related offenses, the attorneys at Texas Defense Firm can help clients determine the best approach to take to defend against convictions. We can challenge the claims made by prosecutors, argue that there was no intent to defraud or cause harm, or demonstrate that a person had no knowledge of the materials involved in a case. To get a strong defense against these charges, contact our McKinney, TX identity theft lawyers at 972-369-0577 and arrange a free consultation.