Credit Card Fraud and Debit Card Abuse in Texas

In Texas, using someone else’s credit or debit card without permission—even once—can lead to serious criminal charges. Credit card fraud and debit card abuse are felony offenses under Texas law, and they cover a wide range of activities—from skimming card numbers and making unauthorized purchases to using expired or fictitious cards. Prosecutors often pursue these cases aggressively, especially when they involve multiple victims or larger financial losses. In this post, we explain how Texas defines these crimes, what penalties apply, and what defenses may be available. If you're facing allegations and need a strategic attorney near you, early legal guidance can make all the difference.

Credit Card Fraud and Debit Card Abuse in Texas

Credit and debit card fraud are serious offenses under Texas law, encompassing a range of activities from unauthorized card use to possession of counterfeit cards. Understanding the legal definitions, penalties, and potential defenses is crucial for anyone facing such charges.

Legal Definitions

Under Texas Penal Code § 32.31, credit or debit card abuse includes:peughlawfirm.com+10DWI Lawyers Texas+10Justia Law+10

Using a card without the cardholder's consent.
Using an expired, revoked, or canceled card.
Possessing a card with intent to use it fraudulently.
Selling or buying a card without authorization.
Using a fictitious card or card number.
Receiving a benefit obtained through card abuse.Justia Law+6DWI Lawyers Texas+6Divorce Attorney in Houston, TX+6

These actions are considered fraudulent when done with the intent to obtain a benefit unlawfully.

Penalties

Credit or debit card abuse is typically classified as a state jail felony, punishable by:

180 days to 2 years in a state jail facility.
A fine of up to $10,000.

If the offense is committed against an elderly individual, it escalates to a third-degree felony, with penalties including:

2 to 10 years in prison.
A fine of up to $10,000.peughlawfirm.com+6Saputo ✭ Toufexis+6Findlaw+6 The Law Office of Greg Tsioros+1peughlawfirm.com+1

These penalties underscore the seriousness with which Texas treats card-related fraud.

Common Scenarios

Credit and debit card abuse can occur in various situations, such as:

Using someone else's card without permission.
Employing a card skimmer to steal card information.
Creating or using counterfeit cards.
Making online purchases with stolen card details.
Possessing multiple incomplete cards with intent to complete them unlawfully.Findlaw Divorce Attorney in Houston, TX+1Saputo ✭ Toufexis+1 Tex..Pub..Law: Online Texas Law Library+5DWI Lawyers Texas+5Findlaw+5

Each scenario involves the unauthorized use or manipulation of card information to gain a benefit.

Legal Defenses

Defending against credit or debit card abuse charges may involve:

Lack of Intent: Demonstrating that there was no intention to commit fraud.
Mistaken Identity: Arguing that the accused was not the person who committed the offense.
Consent: Proving that the cardholder had given permission for the card's use.
Insufficient Evidence: Challenging the prosecution's evidence as inadequate to support a conviction.LegalClarity+1Texas Criminal Defense Lawyers+1 peughlawfirm.com+6Findlaw+6Justia Law+6

An experienced attorney can assess the specifics of the case to determine the most effective defense strategy.

Conclusion

Credit and debit card fraud charges in Texas carry significant legal consequences, including potential imprisonment and substantial fines. Understanding the legal framework and potential defenses is essential for anyone accused of such offenses.

If you or someone you know is facing credit or debit card abuse charges, contact Walker Law Office at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule a consultation and protect your rights.

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