Credit Card Fraud Defense Attorney Dallas
» Print This PageFacing Credit Card Fraud Charges in Dallas? You Need a Criminal Defense Attorney Who Knows How These Cases are Built
A credit card fraud charge isn’t just a legal inconvenience.
It’s a state jail felony under Texas Penal Code Section 32.31, punishable by 180 days to two years in a state jail facility and a fine of up to $10,000.
If the alleged victim is an elderly person, prosecutors can push for a third degree felony carrying two to ten years in prison.
And that’s just the criminal side.
A credit card fraud conviction destroys job prospects, professional licenses, housing applications, and personal relationships.
These cases are built on paper trails, digital transaction records, surveillance footage, and account statements that prosecutors spend weeks organizing before they ever file charges.
By the time you’re arrested, the government has already been building its case against you.
You might think you can explain what happened.
That’s a mistake.
Credit card fraud prosecutions in Dallas County are aggressive, and what you say to investigators in the first 48 hours can determine whether this charge ends with jail time or a dismissal.
You need a criminal defense attorney who understands how credit card fraud cases are built and how to take them apart.
How Michael Lowe Can Help You Fight Credit Card Fraud Charges
Defending Dallas credit card fraud charges takes more than a general understanding of criminal law.
These cases involve complex financial records, digital evidence, and banking protocols that most attorneys don’t deal with regularly.
Michael Lowe brings a former prosecutor’s understanding of how the government builds fraud cases, combined with more than 150 jury trials of experience in Dallas County and federal courts.
Credit Card Abuse Defense (Texas Penal Code 32.31)
Using someone else’s credit card or debit card without the effective consent of the cardholder is the most common credit card fraud charge in Dallas.
Michael Lowe examines transaction records and any evidence of authorization to challenge the prosecution’s claim that consent was absent.
Stolen Credit Card and Debit Card Charges
Possession of a stolen credit card with intent to use, sell, or transfer it is a separate offense under Texas law.
Michael Lowe investigates how the card came into the defendant’s possession and whether the prosecution can prove knowledge that it was stolen.
Fake Credit Card and Fictitious Card Offenses
Using a fictitious credit card or the pretended number or description of a fictitious card carries serious penalties.
Michael Lowe challenges the forensic evidence used to connect defendants to counterfeit payment devices.
Identity Theft and Credit Fraud
Credit card fraud charges often overlap with identity theft allegations when prosecutors claim someone used another person’s credit information to open accounts or obtain property.
Michael Lowe handles cases where credit card fraud charges are layered with identity theft counts, working to reduce or dismiss overlapping charges.
Federal Credit Card Fraud Defense
When credit card fraud crosses state lines or involves large numbers of accounts, federal prosecutors step in with charges under 18 USC 1341-1344.
Federal prosecutors also frequently add aggravated identity theft charges under 18 U.S.C. 1028A, which carries a mandatory two-year prison sentence that runs consecutive to any other sentence imposed, meaning it gets stacked on top of the punishment for the underlying fraud charge.
Michael Lowe defends clients in federal courts where the penalties are significantly harsher and agencies like the FBI are involved.
Debit Card Abuse and Credit Card Skimming
Debit card fraud involving unauthorized withdrawals and credit card skimming through devices placed on legitimate card readers carry the same state jail felony penalties.
Michael Lowe scrutinizes surveillance footage, transaction logs, and the chain of evidence to identify weaknesses in the prosecution’s case.
A Former Dallas County Prosecutor Who Knows How the Government Builds Credit Card Fraud Cases Against You
Most defense attorneys read the police report and start negotiating a plea deal.
Michael Lowe does the opposite.
His years as a Dallas County prosecutor taught him exactly how the government assembles fraud cases, from investigation through indictment.
He knows what evidence prosecutors rely on, which witnesses they need, and where their cases fall apart.
His Board Certification in Criminal Law since 2007 puts him in a small percentage of Texas attorneys who have met the state’s highest standards for criminal defense.
This means prosecutors know they’re facing an attorney who won’t accept a weak plea offer and has the trial experience to take your case to a jury.
Since establishing his practice in 2003, Michael Lowe has dedicated 100% of his practice to criminal defense, giving every client direct access to the attorney handling their case.
Your Freedom Is at Stake. Get a Credit Card Fraud Defense Attorney Who Fights Back.
Every day without legal representation is a day the prosecution gets further ahead.
Michael Lowe offers a free consultation where he will review the details of your case and explain your legal options in a confidential conversation.
Don’t wait for the prosecution to dictate how this ends.
Call (214) 526-1900 today to schedule your free consultation.
The sooner you have a skilled credit card fraud defense attorney in your corner, the stronger your defense will be.
Frequently Asked Questions About Credit & Debit Card Fraud
What are the penalties for a credit card fraud conviction in Texas?
Credit card or debit card abuse is a state jail felony, punishable by 180 days to two years in a state jail facility and a fine of up to $10,000. If the offense is committed against an elderly person, it becomes a third degree felony with a prison sentence of two to ten years. Federal charges carry even steeper penalties depending on the amounts involved.
Can I go to jail for using a family member’s credit card?
Yes. Under Texas law, using someone else’s credit card without their effective consent is credit card abuse, even if the cardholder is a friend or family member. However, if you had the cardholder’s permission, that effective consent is a valid defense your attorney can raise.
What is the statute of limitations for credit card fraud in Texas?
The statute of limitations for credit card or debit card abuse in Texas is seven years from the date of the offense. Prosecutors can bring charges for transactions that occurred years ago, which is why some people are caught off guard by charges related to activity they may have forgotten about.
What defenses work against credit card fraud charges?
Common defenses include lack of intent to obtain a benefit fraudulently, effective consent from the cardholder, insufficient evidence connecting you to the transactions, mistaken identity, and constitutional violations in how evidence was collected. Intent is an essential element of every credit card abuse charge, and it’s often the hardest thing for prosecutors to prove beyond a reasonable doubt.
What is the difference between state and federal credit card fraud charges?
State charges under Texas Penal Code 32.31 typically involve individual transactions within Texas. Federal charges apply when fraud involves interstate commerce, mail or wire communications, or large numbers of victims. Federal cases carry harsher penalties and are prosecuted with extensive investigative resources.
How do I choose the right credit card fraud defense attorney?
Look for an attorney who is Board Certified in Criminal Law by the Texas Board of Legal Specialization, has specific experience defending credit card fraud cases in both state and federal courts, and will personally handle your case rather than passing it to a junior attorney.
