San Antonio Credit Card Fraud Attorneys

Attorney Lara Personally Defends Credit Card Fraud Charges in Bexar County

Credit card fraud is prosecuted as a white collar crime under both Texas state and federal law, and the penalties are serious. At The Law Office of Guillermo Lara Jr., Attorney Lara personally defends individuals facing these charges in San Antonio and throughout Bexar County. Whether investigators from the SAPD Financial Crimes Unit have contacted you or a federal indictment is already in play, you need a defense attorney who understands both systems and can start working on your case immediately. We offer free consultations around the clock, seven days a week, and provide Spanish-speaking legal services.

Credit card fraud falls under Texas Penal Code Chapter 32, Subchapter C, and covers conduct involving both theft. You don’t have to complete a fraudulent transaction to face charges. Possessing another person’s card with intent to use it without consent is enough. Online conduct qualifies as well: entering someone else’s card number into a website without their permission can constitute credit card or debit card abuse under Texas law.

Facing credit card fraud charges in San Antonio? Call (210) 787-2842 for a free consultation, available 24/7.

What Conduct Falls Under Texas Penal Code Section 32.31

Texas Penal Code Section 32.31 establishes 11 distinct scenarios that constitute credit card or debit card abuse. The statute is broad by design, covering both physical card theft and purely digital conduct.

Violations under Section 32.31 include:

• Using a card not issued to you without the cardholder’s consent
• Using an expired, revoked, or cancelled card with intent to obtain a benefit
• Using a fictitious card or fictitious card number
• Receiving a benefit knowing it was obtained illegally
• Stealing a card or receiving a stolen card with intent to use, sell, or transfer it
• Buying a card from someone who is not the card issuer
• Selling a card while not being the issuer
• Inducing a cardholder to use their own card for goods or services they cannot afford, for your benefit
• Possessing another person’s card without consent with intent to use it
• Possessing two or more incomplete cards with intent to complete them without the issuer’s consent
• As an authorized merchant, falsely representing to the issuer in writing that goods or services were delivered when they were not

Penalties for Credit Card Fraud in Texas & Under Federal Law

The consequences of a conviction depend on where and how charges are filed. State charges under Texas Penal Code Section 32.31 classify credit card or debit card abuse as a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000. When the victim is an elderly person, the charge is enhanced to a third-degree felony, carrying 2 to 10 years in prison and a fine of up to $10,000.

When credit card fraud involves interstate or foreign commerce, federal charges may apply under 18 U.S. Code Section 1029, the federal access device fraud statute. Federal penalties vary by offense. Trafficking in counterfeit access devices or producing device-making equipment can carry up to 15 years in prison; trafficking in unauthorized access devices or possessing 15 or more counterfeit or unauthorized devices can carry up to 10 years. A $250,000 fine may apply in either case, and repeat federal offenders face up to 20 years. Beyond incarceration, a felony conviction can affect future employment, housing applications, professional licensing, and educational opportunities. The earlier you retain a fraud attorney in San Antonio, the more options may be available.