According to the US Bureau of Justice Statistics, in 2021 alone nearly 24 million people in the US over the age of 16 were victims of identity theft. It’s a staggering number that serves to show just how common place identity theft has become.
Whether you have committed a crime or not, if you have been accused of identity theft, it’s of critical importance to get professional help. You need representation from an experienced defense attorney to ensure your right to a fair trial.
At Azhari LLC, we understand the seriousness of identity theft charges and penalties and have successfully defended numerous clients against these charges.
Today, we’ll take a look at what exactly constitutes identity theft, charges and penalties you could face, as well as give you solutions to seek help.
Remember, everyone has the right to a fair trial. No matter your situation, it’s never too late to get professional help to defend you on your day in court.
What is Identity Theft?
The prevalence of the internet has made it easier than ever for perpetrators to use online scams to gain access to credit card information, bank account numbers, social security numbers and other personal identifying information that can be used to make fraudulent purchases or open credit card accounts in another person’s name.
In 1998, the Identity Theft and Assumption Deterrence Act was passed by the US Congress, which specifically amended section 1028 of Title 18 of the U.S. Codem to outline specific violations that constitute identity theft.
Some examples of identity theft include:
- Utilizing a false identification document, such as a driver’s license or passport
- Unauthorized use of an existing account belonging to another person
- Unauthorized use or attempted use of another’s personal information to open a new account
- Writing bad checks or using fake credit cards
- Using stolen personal information to obtain benefits, apply for credit cards, or make unauthorized purchases
These are just a few examples of identity theft. Technology has made it easier than ever to steal personal identifying information and new ways of committing identity theft are appearing all the time. But the fact remains, any use of stolen identification or personal information to produce false documents, make unauthorized charges or open new accounts constitutes identity theft.
Is Identity Theft a Felony?
Under 18 USC 1028, identity theft is indeed a felony. It is considered a serious federal offense, often carrying severe penalties. Whatsmore, identity theft schemes often include multiple other violations including credit card fraud, mail fraud, and wire fraud.
When means are used to commit identity theft across state lines, such as internet or telephone scams, or when significantly large sums of money are involved, the crime can be prosecuted at a federal level.
What is the Punishment for Identity Theft?
As with any federal criminal case, the penalties can vary based on the exact nature of the crime. Identity theft crimes can be classified as either basic identity theft, or aggravated identity theft.
Basic Identity Theft
While there is no mandatory minimum sentence, if found guilty of identity theft, you may face up to 15 years in prison for an offense that involves producing or transferring false identification documents. Possessing equipment used to produce fake IDs is another form of basic identity theft.
Identity theft jail time can increase to up to 20 years if previously convicted of identity theft, or if the violation involves violent crime or drug trafficking. Fines can also be assessed, with the amounts varying based on the nature of the crime.
Aggravated Identity Theft
Identity theft charges can be increased to aggravated identity theft charges when certain criteria are met, such as financial gain exceeding a certain threshold. If the crime targets a vulnerable segment of the population, such as senior citizens, aggravated identity theft charges may also be applied.
Aggravated identity theft carries harsher penalties, including a minimum sentence of 2 years in prison. The minimum sentence can increase to 5 years of prison time if the identity theft can be related to terrorism.
Lastly, for aggravated identity theft charges that involve large amounts of financial loss for the victim, a sentence of up to 25 years in prison can be applied.
What to Do if You Have Been Charged with Identity Theft?
If you have been charged with identity theft, it’s important to seek experienced legal help immediately. An experienced lawyer can help you understand the identity theft charges and penalties that you may face.
It’s also important to remember that you have a right to speak with a federal criminal defense attorney before speaking or interviewing with any federal law enforcement agent.
In order to be convicted of identity theft charges, the prosecution must prove beyond reasonable doubt that there was malicious criminal intent to defraud someone by using their identity.
There are defenses against identity theft charges, and an experienced criminal defense lawyer can help you find the right defense to fight against your identity theft charges.
Conclusion
By now you should have a better understanding of the serious nature of identity theft charges and penalties. While it is indeed a serious crime, you absolutely have the right to fair trial in court.
If you are facing identity theft charges, you need professional help from an experienced attorney to defend you on your day in court.
With nearly 15 years of experience, Azhari LLC is a highly regarded federal criminal lawyer. We have successfully tried over 100 cases involving identity theft and other white collar crimes across the country.
When you choose Azhari LLC as your representation, we will fight to defend your rights and devise a strategy to gain a favorable outcome. Don’t let identity theft charges break you down. Contact Azhari LLC today to schedule a consultation regarding your case, and let us help you get the justice you deserve.
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