San Antonio Credit Card Fraud Defense Lawyers – Facing Felony Charges for Fraudulent Use of Credit/Debit Cards

The Serious Reality of Credit Card Fraud Charges in Texas

Being charged with the fraudulent use of a credit or debit card in Texas is a severe criminal matter that prosecutors pursue aggressively. What many perceive as a “white-collar” or non-violent offense is, under Texas law, a serious felony with penalties that can include years in state prison and a permanent criminal record. At Barton & Associates, we understand that these charges often arise from complex situations: financial desperation, identity theft where you are the victim, misunderstandings in shared accounts, or being wrongly implicated due to circumstantial evidence. The state’s case will hinge on proving your intent to defraud, a nuanced legal concept that is often the key battleground in your defense. With so much at stake—your freedom, your professional license, and your financial future—securing expert legal representation from attorneys who understand both the law and the digital evidence involved is not an option; it is an absolute necessity.

Understanding the Charges: Fraudulent Use or Possession Under Texas Law

Texas Penal Code § 32.31 criminalizes a wide range of activities involving credit and debit cards. The law is detailed and comprehensive, covering not just the act of using a card, but also the possession and transfer of stolen card information.

Fraudulent Use of a Credit or Debit Card

You commit this offense if you, with intent to obtain a benefit fraudulently, present or use a credit or debit card knowing that:

• The card is not issued to you, and you do not have the effective consent of the cardholder; or
• The card has expired or has been revoked or canceled.

Fraudulent Possession of a Credit or Debit Card

You can also be charged if you possess a credit or debit card knowing it was obtained unlawfully, or with intent to use it, sell it, or transfer it to a person other than the issuer or cardholder.

Key Legal Concepts That Define the Crime:

• Intent to Defraud: The prosecution must prove you acted with the conscious objective to deceive and obtain a benefit to which you were not entitled. This is the most critical element we challenge.
• “Card” is Broadly Defined: The law covers not just the physical plastic, but also card numbers, expiration dates, and security codes—meaning online purchases and “card-not-present” transactions are fully within the scope of the statute.
• Benefit: This includes not only goods and services but also money and any other thing of value.

How the Severity of the Charge is Determined: The Value Ladder

Like many theft-related offenses in Texas, the severity of a credit card fraud charge—and its corresponding penalties—is primarily determined by the aggregate value of the benefits obtained or attempted to be obtained within a specific period.

Critical Nuance: The charges can be enhanced based on the victim. Fraud against an elderly individual automatically raises the offense level by one degree (e.g., a state jail felony becomes a third-degree felony).

Beyond Prison: The Collateral Consequences of a Conviction

The legal penalties are only the beginning. A conviction for a financial crime like credit card fraud carries a unique stigma and set of lifelong hurdles:

• Permanent Criminal Record: A fraud conviction is particularly damaging on background checks. Employers in banking, finance, retail, healthcare, government, and any position of trust will almost certainly disqualify you.
• Loss of Professional Licenses: Licenses for law, real estate, nursing, insurance, securities, and countless other professions will be revoked, destroying your career.
• Financial Ruin and Civil Liability: You will face court-ordered restitution to the victims, often amounting to thousands of dollars. You may also be sued civilly for damages.
• Destroyed Credit Score: The conviction and associated debts will devastate your credit rating for 7-10 years or more, affecting your ability to rent, get loans, or buy a home.
• Immigration Consequences: For non-citizens, a fraud conviction involving moral turpitude is grounds for deportation and will bar future visas or citizenship.
• Loss of Security Clearances: Any government or contractor security clearance will be immediately revoked.

Common Scenarios and Defense Strategies

At Barton & Associates, we build defenses based on the specific facts of your case. Common situations we defend include:

• Identity Theft Victims: You were arrested because your identity was stolen and used by another person. We prove you were not the individual who made the purchases.
• Shared Account Disputes: You used a card belonging to a family member, roommate, or former partner. We argue you had a reasonable belief you had consent or a claim of right to the funds, negating fraudulent intent.
• Lack of Intent: You accidentally used an old card, genuinely forgot to update a recurring payment, or were unaware the card was expired or canceled.
• Mistaken Identity: Surveillance footage or digital records incorrectly identified you as the user.
• Illegal Search and Seizure: The evidence against you (the card, transaction records) was obtained through an unlawful search of your person, vehicle, or digital devices. We file motions to suppress this evidence.

Our Core Defense Strategies:

1. Challenging Intent to Defraud: This is the linchpin. We present evidence of your state of mind—text messages, emails, prior permissions—to show you lacked the criminal intent required for conviction.
2. Disputing the Aggregated Value: We meticulously audit the state’s valuation of the “benefits obtained.” Incorrect calculations can lead to a significant reduction in the charge level and potential penalties.
3. Attacking Digital and Forensic Evidence: We work with forensic accountants and digital experts to analyze transaction records, IP addresses, and timestamp data to prove you could not have been the user.
4. Negotiating for Pre-Trial Diversion: For first-time offenders, we often secure pre-trial diversion or deferred adjudication. These programs allow for dismissal of charges upon successful completion of terms like restitution and community service, leaving no final conviction on your record.

The Critical Importance of Early Legal Intervention

In financial crime cases, the paper and digital trail is vast. Prosecutors and financial investigators begin building their case immediately. Your defense must start just as fast.

1. Do Not Speak to Investigators. Do not discuss the case with police, loss prevention officers, or bank investigators. Anything you say will be used to establish your knowledge and intent. Invoke your right to remain silent and request an attorney.
2. Preserve All Evidence. Do not delete text messages, emails, or browser history. Gather any documents that show permissions or communications about card use.
3. Secure Your Financial Records. Obtain your own bank statements and records to establish your timeline and financial activity.
4. Contact a Defense Attorney Immediately. Early involvement allows us to guide your interactions, begin our independent investigation, and potentially negotiate with prosecutors before formal felony charges are filed.

Why Choose Barton & Associates for Your Credit Card Fraud Defense

Facing financial crime charges requires a law firm with specific expertise in both criminal law and the complex evidence involved.

• Former Prosecutorial Insight: Our attorneys include former financial crimes prosecutors who know how the state builds these complex, document-heavy cases. We understand their strategies and evidentiary requirements.
• Strategic Defense Focused on Intent: We excel at dissecting the “intent” element, which is often the state’s weakest point. We build a narrative that explains your actions without criminal motive.
• Resources for Complex Cases: We have the resources and network to hire forensic accountants, digital evidence specialists, and expert witnesses to challenge the prosecution’s case at a technical level.
• Compassionate, Clear Guidance: We understand the shame and stress of these charges. We provide straightforward advice, manage the complex discovery process, and fight to protect your future and your reputation.

Protect Your Future Today: Contact Our Texas Fraud Defense Attorneys

A credit card fraud charge is a direct threat to your liberty and your life’s trajectory. The consequences of a conviction are designed to be punitive and long-lasting. Do not make the mistake of assuming this is a minor charge you can handle alone.

Take immediate action to protect yourself. Contact Barton & Associates today at 210-500-0000 for a confidential and thorough case evaluation. We will listen to your situation, explain the charges and process in clear terms, and begin building a powerful defense strategy to secure the best possible outcome.

Main Category: Criminal Defense
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000