Credit Card Fraud & Abuse in Texas: Penalties, Charges & Defenses
Facing charges for credit card fraud or abuse in Texas is a serious matter. These offenses are aggressively prosecuted — and even a single conviction can result in felony charges, steep fines, and long-term damage to your record.
Whether you’ve been accused of using someone else’s card without permission, altering a card, or knowingly accepting stolen payment, it’s critical to understand what you’re up against — and to speak with an experienced criminal defense attorney right away.
Attorney Lee D. Cox, based in Fort Bend County, has spent over 20 years helping clients in Richmond, Sugar Land, Rosenberg, Missouri City, and surrounding areas fight fraud charges with discretion and determination.
What Is Considered Credit Card Fraud in Texas?
Under Texas Penal Code § 32.31, credit card fraud (also called credit card abuse) occurs when a person intentionally uses, presents, or possesses a credit or debit card under unlawful circumstances, including:
Using a stolen, expired, or canceled card
Using a card without the cardholder’s consent
Possessing cards with the intent to use them fraudulently
Selling, buying, or transferring cards for illegal use
Forgery or alteration of cards or card data
Using card skimmers or cloned cards to make purchases
Providing false information to obtain a card
Even attempting to use a card without actual financial loss can lead to charges.
Examples of Situations That Can Lead to Charges
You don’t have to be part of a large operation to be charged. Many everyday situations can result in an arrest, including:
Paying for items using a family member’s card without permission
Finding and using a lost or discarded card
“Testing” a stolen card with a small transaction
Using a friend’s card believing you had consent — but later they claim otherwise
Accepting a card as payment knowing it was likely stolen or fake
Charges often stem from simple misunderstandings, but prosecutors treat them as deliberate fraud.
Penalties for Credit Card Fraud in Texas
In Texas, most credit card fraud charges are felonies. The severity depends on the circumstances and who the alleged victim is.
| Type of Offense | Level | Penalty |
|---|---|---|
| Basic Credit Card Abuse | State Jail Felony | 180 days – 2 years jail, up to $10,000 fine |
| Fraud Involving Elderly Victim (65+) | 3rd Degree Felony | 2 – 10 years prison, up to $10,000 fine |
| Large-Scale Operations or Repeat Offenses | 2nd or 1st Degree Felony | 2 – 99 years, depending on scope and losses |
Additional consequences include:
Permanent criminal record
Difficulty obtaining employment or housing
Possible federal charges if the fraud crosses state lines or involves the mail or internet
Immigration consequences for non-citizens
How Prosecutors Build Credit Card Fraud Cases
District attorneys in Texas rely on a range of evidence to prosecute credit card fraud, such as:
Surveillance video from stores or ATMs
Transaction records and timestamps
Device data (phones, computers used for online purchases)
Statements from the cardholder or bank
Testimony from witnesses, including cashiers or store clerks
Social media posts or messages referencing the fraud
Many cases involve multiple charges stacked together to increase pressure for a plea deal. That’s why your first move should be calling a local criminal defense attorney who knows the system.
Legal Defenses to Credit Card Fraud in Texas
Every case is unique — and a skilled defense can make the difference between prison and freedom. Common legal defenses may include:
Lack of intent to defraud
Mistaken identity (e.g., wrong person caught on camera)
Consent from the cardholder that was later revoked
Lack of knowledge that the card was stolen or unauthorized
Improper police procedure or illegal search/seizure of evidence
Entrapment in cases involving sting operations or online setups
Charged with Credit Card Abuse in Fort Bend County? Call Lee D. Cox.
Lee D. Cox has represented individuals accused of financial and cyber-related crimes across Fort Bend County, including Richmond, Sugar Land, Missouri City, and Houston. Whether you’re a first-time offender or facing felony charges, you deserve an aggressive defense.
Lee brings a calm, experienced voice to a stressful process — and will fight to protect your rights, your future, and your reputation.
📞 Free Consultation Today
Charged with credit card fraud or abuse in Texas? Contact Attorney Lee D. Cox at 281-762-7345 today for a confidential case review and the honest legal guidance you need.