Fraudulent Use of Credit Cards in Corpus Christi: Defending Against Financial Crime Charges

A credit card fraud charge can turn your life upside down in an instant. Whether you are accused of using someone else’s card, making unauthorized purchases, or possessing counterfeit cards, the consequences can be severe—jail time, felony convictions, and a permanent criminal record that affects your credit, your employment, and your future. In Corpus Christi and throughout the Coastal Belt, financial crimes are prosecuted aggressively by local, state, and federal authorities. What may have started as a misunderstanding, a shared account dispute, or a moment of poor judgment can lead to serious criminal charges. When your freedom and your future are on the line, you need a defense attorney who understands the nuances of credit card fraud law and will fight to protect your rights.

At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Belt who are charged with fraudulent use of credit cards and other financial crimes. Whether you were stopped at a store on South Padre Island Drive, investigated by local law enforcement, or facing federal charges, we provide the aggressive, knowledgeable representation you need to protect your rights and your future. With extensive experience in the Nueces County criminal courts, we guide our clients through every stage of the defense process.

Understanding Credit Card Fraud in Texas

Credit card fraud offenses are governed by Section 32.31 of the Texas Penal Code. The offense covers a wide range of conduct involving the unauthorized use of credit cards, debit cards, and other payment devices.

Types of Credit Card Fraud

Fraudulent Use or Possession of a Credit Card
A person commits this offense if they:

• Use a credit card without the cardholder’s effective consent

• Possess a credit card with intent to use it without the cardholder’s consent

• Possess a counterfeit or altered credit card

• Use a credit card that has been revoked or canceled

Credit Card Theft
A person commits credit card theft if they take a credit card from the possession of another without consent.

Receiving a Stolen Credit Card
A person commits this offense if they receive a credit card knowing it was stolen.

Forgery of a Credit Card
A person commits forgery if they make or alter a credit card with intent to defraud.

Criminal Simulation
A person commits criminal simulation if they create or possess counterfeit credit cards.

Penalties

Credit Card Fraud (Fraudulent Use/Possession)

• State jail felony: 180 days to 2 years in state jail

• Fine up to $10,000

Credit Card Theft

• State jail felony: 180 days to 2 years in state jail

• Fine up to $10,000

Aggravated Credit Card Fraud
If the total value of the fraudulent use exceeds $2,500 or involves 10 or more cards, the offense can be enhanced to a third-degree felony (2 to 10 years in prison).

How Credit Card Fraud Charges Arise in Corpus Christi

Credit card fraud charges in Corpus Christi typically arise in several contexts:

Unauthorized Use by Family or Friends

A family member or friend uses your card without permission. When the cardholder disputes the charges, the user is identified and charged. Disputes between spouses, partners, or family members are common sources of these charges.

Lost or Stolen Cards

Someone finds a lost credit card and uses it for purchases at stores on South Padre Island Drive, Staples Street, or other Corpus Christi locations. Surveillance footage leads to identification and charges.

Account Takeover

A person obtains another’s credit card information and makes unauthorized online or in-person purchases.

Identity Theft

Credit card fraud often accompanies identity theft charges, where a person uses another’s personal information to open accounts or make purchases.

Employee Fraud

An employee uses a company credit card for personal purchases or misuses customer credit card information.

Counterfeit Cards

Possession or use of counterfeit credit cards, often discovered during traffic stops or investigations.

The Consequences of a Credit Card Fraud Conviction

A conviction for credit card fraud carries serious consequences:

Criminal Penalties

• State jail time: 180 days to 2 years (or more if enhanced)

• Fine: Up to $10,000

• Probation: May be available, but conditions are strict

Felony Record

Credit card fraud is a felony. It remains on your record permanently and affects:

• Employment opportunities

• Professional licensing

• Housing applications

• Firearm rights

• Credit and banking opportunities

Restitution

You may be ordered to pay restitution to the cardholder, bank, or merchant for all fraudulent charges.

Civil Liability

In addition to criminal penalties, you may face civil lawsuits from credit card companies or victims.

Immigration Consequences

For non-citizens, a fraud conviction can result in deportation and permanent inadmissibility.

Credit Consequences

A fraud conviction can affect your ability to obtain credit, open bank accounts, or secure loans.

Defending Against Credit Card Fraud Charges

A strong defense can mean the difference between a conviction and an acquittal. Common defense strategies include:

Consent

If the cardholder gave you permission to use the card, you are not guilty. Defenses include:

• The cardholder gave you the card

• The cardholder gave you permission to make the specific purchase

• You reasonably believed you had permission

Lack of Knowledge

If you did not know the card was stolen, counterfeit, or being used without consent, you may not be guilty. Defenses include:

• You did not know the card was stolen

• You believed the card was yours or was given to you

• You were an innocent user

Mistaken Identity

In some cases, the wrong person may be identified. Your attorney may challenge:

• Whether surveillance footage actually shows you

• Whether you were mistakenly identified

• Whether the store employee identified the wrong person

Insufficient Evidence

The state must prove each element of the offense beyond a reasonable doubt. Your attorney may challenge:

• Whether the state can prove you used the card

• Whether the state can prove you knew the use was unauthorized

• Whether the state can prove the value of the fraudulent charges

False Allegations

In family disputes, false allegations are not uncommon. Your attorney can investigate and present evidence of:

• Motives to lie (divorce, family conflict)

• Inconsistencies in the alleged victim’s statements

• Evidence that consent was given

Identity Theft Defense

If you are the victim of identity theft, you may have a defense. Your attorney can present evidence that someone else used your identity to commit the fraud.

The Credit Card Fraud Case Process

Understanding the process can help you navigate your case:

Step 1: Investigation

Credit card fraud investigations often begin when a cardholder disputes charges. The bank or card issuer investigates and reports to law enforcement.

Step 2: Arrest

If law enforcement identifies you as the user, you will be arrested. Bond is typically set.

Step 3: Arraignment

At arraignment, you are formally advised of the charges and enter a plea (usually not guilty).

Step 4: Discovery

Your attorney obtains discovery from the prosecutor, including:

• Police reports

• Store surveillance footage

• Credit card statements

• Bank records

• Witness statements

Step 5: Negotiation

Your attorney negotiates with the prosecutor to seek a favorable resolution. Options may include:

• Dismissal of charges

• Reduction to a lesser charge (such as misdemeanor theft)

• Deferred adjudication

• Probation with restitution

Step 6: Trial

If no agreement is reached, the case proceeds to trial. You have the right to a jury trial. The state must prove each element of the offense beyond a reasonable doubt.

Frequently Asked Questions About Credit Card Fraud

What is fraudulent use of a credit card in Texas?

Fraudulent use of a credit card occurs when a person uses a credit card without the cardholder’s effective consent, possesses a counterfeit card, or uses a revoked card.

Is credit card fraud a felony in Texas?

Yes. Credit card fraud is a state jail felony, punishable by 180 days to 2 years in state jail.

What is the penalty for credit card fraud in Texas?

Credit card fraud is a state jail felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000.

Can I get probation for credit card fraud?

Probation may be available, particularly for first-time offenders. Conditions often include restitution, community service, and counseling.

What if I used a family member’s card without permission?

Even if the card belongs to a family member, using it without permission is a crime. However, the family relationship may be a factor in negotiating a resolution.

What is the difference between credit card fraud and identity theft?

Credit card fraud focuses on the unauthorized use of a card. Identity theft involves using another person’s personal information to commit fraud.

How long does credit card fraud stay on your record?

A credit card fraud conviction stays on your record permanently. It is a felony conviction.

Can I get my record expunged for credit card fraud?

Expungement is not available for felony convictions. If your case was dismissed or you were acquitted, you may be eligible for expungement.

Do I need an attorney for credit card fraud charges?

Yes. Credit card fraud is a felony that can result in state jail time and a permanent criminal record. An experienced criminal defense attorney can help you understand your rights, challenge the evidence, and protect your future.

Will I have to pay back the money?

Yes. If convicted, you will likely be ordered to pay restitution to the cardholder, bank, or merchant for all fraudulent charges.

Why Barton & Associates Is the Right Choice for Your Defense

Credit card fraud charges can result in state jail time, a permanent felony record, and lasting consequences for your credit, your employment, and your future. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against credit card fraud charges in the Nueces County criminal courts.

Our attorneys understand the nuances of financial crime defense, the strategies for challenging evidence, and the importance of negotiating favorable resolutions. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.

We also understand that credit card fraud charges often arise from misunderstandings, family disputes, or moments of poor judgment. Our attorneys approach these cases with dedication, helping our clients navigate the legal system while protecting their rights, their freedom, and their future.

Protect Your Freedom and Your Future Today

If you are charged with fraudulent use of a credit card in Corpus Christi, your freedom and your future are on the line. A conviction can result in state jail time, a permanent felony record, and lasting consequences for your credit and employment. Do not wait. The decisions you make now will determine the outcome of your case.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you defend against credit card fraud charges and protect your future.

Main Category: Criminal Defense Corpus Christi
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780