Charged With Identity Theft or Forgery in Texas? The Law Sees More Than Just a Mistake

You might’ve filled out a form. Used someone else’s information. Signed a name. Accessed a file you weren’t supposed to. Whatever it was, now the police are calling it identity theft or forgery—and the consequences could follow you for the rest of your life.

At Christian, Nisbet & Casillas, we represent individuals caught in the crosshairs of complex investigations that treat misunderstood actions as calculated fraud. These cases move fast, rely heavily on digital forensics, and often come with the assumption of guilt. We’re here to push back.

What Texas Law Says

Identity Theft (Texas Penal Code §32.51) makes it a crime to obtain, possess, transfer, or use someone else’s identifying information without their consent and with the intent to harm or defraud.

That includes:

  • Names, SSNs, DOBs

  • Account numbers, PINs, passwords

  • Driver’s license numbers or biometric data

Even if no money changed hands and no one lost a dime—intent alone can be enough for charges.

Forgery (Texas Penal Code §32.21) covers:

  • Signing another person’s name

  • Altering a document (like a will, check, or title)

  • Creating or using a fake document

  • Presenting a real document with false info

Both crimes can be charged as state jail felonies or higher, depending on the circumstances.

Recent Texas Updates You Should Know

  • Expanded Definitions: Texas courts now interpret “identifying information” broadly—covering things like login credentials and even certain photos or digital signatures.

  • Digital Footprint Evidence: IP addresses, metadata, and device logs are now standard in identity theft prosecutions, even for minor cases.

  • Multiple Victims = Stacked Charges: Prosecutors often file a separate charge for each person affected, raising the stakes dramatically.

  • Enhanced Penalties: If the alleged victim is elderly, a child, or a government agency, you may face elevated felony charges.

Common Real-World Scenarios

We’ve defended clients accused of:

  • Using a relative’s identity to apply for a loan or apartment

  • Signing someone’s name with verbal (but undocumented) consent

  • Being set up or framed in workplace access fraud

  • Participating in a group chat or scheme without full knowledge

  • Cashing a check or submitting a form provided by someone else

These things happen—and they don’t always involve criminal intent.

How We Defend Identity Theft and Forgery Charges

1. We Challenge the Intent
The government must prove you knew what you were doing and intended to deceive. Honest mistakes, consent, and lack of clarity all matter.

2. We Separate You From Others Involved
In group investigations, people get swept in just for being nearby. We make clear who did what—and who didn’t.

3. We Unpack the Digital Forensics
Prosecutors love IP logs and timestamps. But they don’t always tell the full story. We bring in experts when necessary.

4. We Discredit Overreaching Charges
One alleged act should not equal 20 counts. We fight inflated indictments and seek dismissals or consolidations.

5. We Explore Every Legal Off-Ramp
From diversion programs to charge reductions, we push for outcomes that preserve your record and your future.

What You Should Do Now

  • Don’t talk to investigators or employers without a lawyer

  • Save all communications, screenshots, and relevant documents

  • Don’t delete anything off your phone, email, or social media

  • Reach out to a criminal defense attorney immediately

Final Thoughts

Identity theft and forgery charges carry weight—and they stick. Employers, lenders, and licensing boards don’t forget them easily. But one accusation, one signature, one mix-up does not have to define your future.

When a mistake is treated like a calculated crime… we’re that call.

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