Credit card fraud is a serious offense in Texas, with stringent laws and penalties designed to deter and punish offenders. This crime involves using someone else’s credit card or credit card information without permission to obtain goods, services, or money. Given the increasing prevalence of digital transactions and online shopping, Texas has implemented robust measures to address and combat credit card fraud. Understanding the laws, penalties, and notable cases associated with credit card fraud in Texas can help individuals navigate the legal landscape more effectively.
Texas Penalties and Sentences
In Texas, credit card fraud is governed under Title 7, Chapter 32 of the Texas Penal Code. The severity of the penalties depends on several factors, including the value of the fraudulent transactions, the offender’s criminal history, and whether the fraud involved additional aggravating circumstances.
Class A Misdemeanor: If the value of the fraudulently obtained goods or services is less than $100, the offense is classified as a Class A misdemeanor. This can result in up to one year in county jail and a fine of up to $4,000.
State Jail Felony: If the value of the fraudulent transactions is between $100 and $750, the offense is classified as a state jail felony. This carries a sentence of 180 days to two years in a state jail and a fine of up to $10,000.
Third-Degree Felony: For fraudulent transactions valued between $750 and $2,500, the offense is a third-degree felony. This can result in two to ten years in prison and a fine of up to $10,000.
Second-Degree Felony: If the value of the fraud is between $2,500 and $30,000, the crime is a second-degree felony. Penalties include two to 20 years in prison and a fine of up to $10,000.
First-Degree Felony: For fraud involving more than $30,000, the offense is classified as a first-degree felony. This carries a sentence of five to 99 years in prison and a fine of up to $10,000.
Texas Credit Card Fraud Penalties
In addition to prison time and fines, individuals convicted of credit card fraud in Texas may face several other penalties and consequences:
Restitution: Offenders may be required to pay restitution to the victims for the amount stolen or the value of the goods and services fraudulently obtained.
Probation: Instead of or in addition to prison time, offenders may be placed on probation, requiring them to adhere to specific conditions set by the court.
Community Service: Convicted individuals may be required to perform community service as part of their sentence.
Loss of Employment: A credit card fraud conviction can lead to job loss, especially in positions of trust or those requiring a clean criminal record.
Impact on Immigration Status: Non-citizens convicted of credit card fraud may face deportation or other immigration consequences.
Damage to Reputation: A criminal record can severely impact one’s personal and professional reputation, making it difficult to secure employment, housing, and loans.
Texas Credit Card Fraud Statute of Limitations
The statute of limitations for credit card fraud in Texas is generally five years from the date the offense was committed. This means that prosecutors have five years to file charges against the alleged offender. However, there are exceptions and nuances to this rule. For instance, if the fraud involves federal offenses or is part of a larger conspiracy, the statute of limitations may be extended. It is crucial for individuals involved in such cases to consult with a knowledgeable attorney to understand the specific time limits that apply to their situation.
Notable Texas Credit Card Fraud Cases
- United States v. George Rivas: George Rivas was a notorious criminal involved in numerous fraudulent activities, including credit card fraud. In 2000, he was convicted of multiple offenses, including credit card fraud, and sentenced to life imprisonment without parole.
- State of Texas v. Hector Javier Villalobos: Hector Villalobos was convicted in 2013 for running a credit card fraud ring that involved skimming devices placed on ATMs and gas pumps. He was sentenced to 20 years in prison and ordered to pay significant restitution to the victims.
- United States v. Michael Brown: Michael Brown, a Texas resident, was part of a large-scale credit card fraud operation that targeted retailers across the state. In 2015, he was convicted and sentenced to 15 years in federal prison for his role in the scheme.
- State of Texas v. Linda McGhee: Linda McGhee was convicted in 2018 for using stolen credit card information to make fraudulent purchases. She received a sentence of 10 years in prison and was ordered to pay restitution to her victims.
- United States v. Kevin Steele: In 2020, Kevin Steele was convicted of credit card fraud and identity theft after stealing credit card information from hundreds of individuals. He was sentenced to 12 years in prison and ordered to pay substantial restitution.
Conclusion
Given the severity of the penalties associated with credit card fraud in Texas, it is imperative for individuals charged with such offenses to seek the help of a criminal defense lawyer. An experienced criminal defense attorney near you can help navigate the complex legal landscape, protect the rights of the accused, and work towards achieving the best possible outcome in their case. The stakes are high, and having professional legal representation can make a significant difference in the outcome of the case.
References
- Texas Penal Code. Retrieved from https://statutes.capitol.texas.gov/Docs/PE/htm/PE.32.htm
- LegalMatch. (n.d.). Texas Credit Card Fraud Laws. Retrieved from https://www.legalmatch.com/law-library/article/texas-credit-card-fraud-laws.html
- FindLaw. (n.d.). Credit Card Fraud in Texas. Retrieved from https://www.findlaw.com/criminal/criminal-charges/credit-card-fraud-in-texas.html
- United States District Court, Southern District of Texas. (2020). Case: United States v. Kevin Steele. Retrieved from https://www.txs.uscourts.gov/
- Texas Department of Criminal Justice. (2013). State of Texas v. Hector Javier Villalobos. Retrieved from https://www.tdcj.texas.gov/