Dallas Credit and Debit Card Fraud Defense Lawyer

Credit card and debit card fraud charges in Texas are serious felony offenses that can result in state jail time, substantial fines, and a permanent criminal record. Texas law treats unauthorized use, possession, or theft of payment cards as a state jail felony punishable by 180 days to two years in confinement. If the purported victim is an elderly individual, prosecutors can seek enhanced penalties of two to ten years in prison.

As a criminal defense firm serving clients throughout Dallas and the surrounding areas, David Finn – Dallas Criminal Lawyer & DWI Attorney has represented many individuals facing fraud-related charges. We understand how Texas courts handle these cases and what defense strategies work best for specific circumstances. With 35 years of experience, Attorney David Finn has helped many Texans protect their freedom, even in complex fraud cases.

Contact David Finn for a confidential consultation. Call us today at (214) 538-6629.

Understanding Texas Credit Card Fraud Laws

Texas treats credit card and debit card abuse as a form of fraud under the state’s Penal Code, specifically Chapter 32. The law covers a wide range of conduct beyond simply using someone else’s card without permission. You can face charges for:

• Presenting or using a card that wasn’t issued to you
• Using a fictitious card number
• Stealing a card with the intent to use or sell it
• Possessing someone else’s card without consent
• Buying or selling cards outside normal issuer channels, or
• Receiving benefits you know were obtained through card abuse.

The law also covers situations where authorized vendors accept cards they know are stolen, expired, or revoked.

What makes these charges particularly challenging is that prosecutors don’t need to prove you actually used the card to obtain anything of value. Simply possessing someone else’s card with the intent to use it can be enough for criminal charges.

The definition of “credit card” under Texas law is broad. It includes traditional plastic cards, card numbers, account information, and any device that authorizes someone to obtain property or services on credit. This means digital transactions and online purchases fall under the same laws as physical card use.

Penalties for Credit Card Fraud in Dallas

The standard charge for credit card or debit card abuse is a state jail felony. Under Texas sentencing guidelines, state jail felonies carry penalties of 180 days to two years in a state jail facility, plus fines up to $10,000.

However, the charges become significantly more serious when the alleged victim is 65 years of age or older. In these cases, prosecutors can elevate the charge to a third-degree felony. A third-degree felony conviction means potential prison time of two to ten years and fines up to $10,000. This enhanced penalty reflects Texas lawmakers’ intent to provide stronger protection for elderly residents.

First-time offenders may be eligible for probation or deferred adjudication in some cases. These alternatives can help avoid incarceration, but they still result in a felony on your record unless successfully completed. The court considers factors like the amount involved, whether the defendant has prior convictions, and the specific circumstances of the alleged offense.

David Finn has helped many clients facing fraud charges understand their options and develop effective defense strategies tailored to their situations.

How Dallas Courts Handle These Cases

Prosecutors in Dallas County take credit card fraud cases seriously. They typically work with financial institutions, merchants, and law enforcement to build cases that include transaction records, surveillance footage, and witness statements.

Knowledge and Intent

One important factor in these cases is the element of intent. The prosecution must prove that you knew the card wasn’t yours or that it was expired, revoked, or cancelled. If you had a reasonable belief that you were authorized to use the card, this could form the basis of a defense.

That said, Texas law creates certain presumptions that can work against defendants. If you received written notice that a card was revoked or cancelled, the law presumes you knew about its status. This presumption can be challenged, but it requires presenting evidence that you didn’t actually receive or understand the notice.

Mistaken Identity

Mistaken identity is another issue in fraud cases. With the rise of online transactions and card number theft, the actual person making unauthorized purchases may not be the person holding the card. An experienced defense attorney knows how to investigate these possibilities and challenge the prosecution’s assumptions.

Statute of Limitations (Time Limit)

Texas law gives prosecutors seven years to bring charges for credit card fraud and other Chapter 32 offenses. This extended statute of limitations means you could face charges long after the alleged conduct occurred, making preservation of evidence and memories more difficult.

Credit Card Fraud Statistics and Trends

Credit card fraud remains a significant problem across Texas and the nation. According to the Federal Trade Commission’s 2025 Consumer Sentinel Network Data Book, consumers reported losing $15.9 billion to fraud, a huge jump from $12.5 billion in 2024. The FTC received over 1.3 million identity theft reports through its reporting system.

Texas consistently ranks among the top states for reported identity theft. The FTC’s data shows that DC, Nevada, Georgia, Florida, Delaware, Arizona, Maryland, and Texas had the highest rates of reported fraud per 100,000 population in 2025.

These statistics highlight two important points. First, credit card fraud is widespread enough that innocent people sometimes get caught up in investigations when their personal information is used by actual criminals. Second, law enforcement and prosecutors are actively pursuing these cases, making effective legal representation critical.

Frequently Asked Questions

Can I be charged with credit card fraud if I never actually used the card?

Yes. Under Texas law, possessing someone else’s credit or debit card without their consent and with the intent to use it is enough for criminal charges. You don’t need to complete a transaction to face prosecution.

What’s the difference between credit card abuse and identity theft?

Credit card abuse specifically involves the unauthorized use, possession, or theft of payment cards. Identity theft is a separate offense that covers using someone’s personal identifying information to obtain credit, goods, or services. In some cases, prosecutors may charge both offenses arising from the same conduct.

Will a credit card fraud conviction affect my ability to get a job?

A felony conviction can significantly impact employment opportunities. Many employers conduct background checks, and financial crimes can be particularly damaging for positions involving money handling, accounting, or positions of trust. This is one reason why exploring all defense options and potential alternatives to conviction is so important.

Can charges be dismissed if the cardholder doesn’t want to press charges?

While the cardholder’s wishes may influence prosecutorial decisions, the state ultimately decides whether to pursue charges. Prosecutors can move forward even without the alleged victim’s cooperation if they believe they have sufficient evidence.

Key Points to Remember

• Credit card and debit card abuse is a state jail felony in Texas, with potential punishment of 180 days to two years, plus fines up to $10,000.
• Charges can be enhanced to a third-degree felony, potentially punishable with two to ten years if the alleged victim is elderly.
• Prosecutors must prove you knew the card wasn’t authorized for your use, creating potential defense opportunities.
• Texas has a seven-year statute of limitations for fraud offenses, meaning charges can arise long after the alleged conduct.
• Identity theft cases sometimes result in innocent people being wrongly accused when their information is misused by others.

Contact David Finn – Dallas Criminal Lawyer for Help With Your Criminal Defense Case

If you’re facing credit card fraud charges in Dallas, you need an attorney who understands both the technical aspects of these cases and how local prosecutors approach them. The right defense strategy depends on the specific facts of your situation, including how the evidence was gathered and whether proper procedures were followed.

David Finn is a top-rated criminal defense attorney in Dallas with extensive experience handling fraud and theft cases. Visit his attorney profile to learn more about his experience and results. Call (214) 538-6629 to schedule a consultation.