Effective Criminal Defenses Against Identity Theft Charges

Identity theft charges should not be taken lightly. An identity theft conviction can lead to jail time and other severe punishments. But you have the right to defend yourself against these charges.

This article outlines several possible defenses to identity theft charges. However, the outcome of any criminal case depends on the facts. Find a criminal defense attorney to review your case’s facts and help you develop a strong defense.

What Is Identity Theft?

Identity theft, also known as identity fraud, involves using someone else’s personal identifying information for a wrongful or unlawful purpose. “Personal identifying information” includes:

• Names
• Dates of birth
• Phone numbers
• Social Security numbers
• Driver’s license numbers
• Bank account numbers
• Debit and credit card numbers
• Personal identification numbers (PINs)
• Passwords

Using another person’s name, birthdate, and social security number to apply for a bank loan would violate most identity theft laws.

What Is the Penalty for Committing Identity Theft?

The difference between a felony and a misdemeanor in most theft crimes is the amount stolen. But value is only part of the equation in identity theft crimes. Tampering with a person’s identity harms them even if no money is taken. As such, in some jurisdictions, identity theft is a felony regardless of the amount involved.

Identity theft laws also consider how the personal information was obtained and used. So, people who use identity information to defraud the government or sell stolen personal data to others can expect felony charges.

How Much Time Will I Serve?

Sentences in identity theft cases vary widely. The average sentence in federal identity theft cases is 44 months. However, aggravated identity theft is one of the few federal crimes that carries a mandatory minimum sentence. Ask your identity theft attorney how mandatory minimums might affect your case.

Could an Identity Theft Attest Lead to Prosecution for Other Crimes?

Maybe. The criminal activities involved in identity theft often overlap with other crimes. Using another person’s information to get a credit card could lead to identity theft and credit card fraud charges. Using phone calls or text messages during identity theft could lead to wire fraud charges. Your lawyer can explain how to handle multiple criminal charges.

How Can I Defend Myself Against Identity Theft Charges?

At trial, the prosecutor must convince the jury that you are guilty beyond a reasonable doubt. But a solid defense can plant doubts in the juror’s minds and result in an acquittal. Here are some common defenses in identity theft cases.

No Fraudulent Intent

Many identity theft crimes require proof that the personal information was taken with the intent to defraud another. Showing that a driver’s license was stolen to fool a government agency would fit this definition. On the other hand, stealing driver’s licenses to add them to a 50-state collection lacks fraudulent intent.

Consent

Most identity theft crimes punish people who use personal data without permission. Showing the owner authorized your use of the information could defeat the charges.

Mistake

Mistake is a common identity theft defense. Some states, like Florida, punish the mere possession of another person’s identifying information. In these places, showing that the information was only in your possession because it was mailed to you in error could be a defense. Similarly, showing that you reasonably, albeit mistakenly, believed that you had permission to use the information could help your case.

Age

A few states allow special age-based defenses to identity theft charges for people under 21. These defenses apply when young people try to buy age-restricted items like alcohol or enter age-restricted clubs or venues.

Mistaken Identity

Mistaken identity is a crucial defense in identity theft cases. Identity thieves often give police stolen identities when arrested. If you can show that you are the victim of identity theft rather than the perpetrator, your chances of an acquittal are much higher.

Entrapment

Entrapment happens when a person can show that they had no desire to commit a crime until government agents (usually police officers) encouraged them to break the law. Entrapment applies in very narrow circumstances, so ask your lawyer if it is appropriate in your case.

Procedural Defenses

In criminal cases, law enforcement officers must follow certain rules. These rules require officers to conduct searches in a specific way, respect the accused’s right to remain silent and provide the suspect with an attorney upon request.

Violations of these rules can lead to evidence being excluded from the case. Telling your lawyer as much as possible about searches and other police interactions will help them determine if these defenses apply to your case.

Do You Need Legal Help With Identity Theft Charges?

An identity theft conviction can rob you of your reputation and your freedom. But an experienced criminal lawyer can create a solid defense strategy to protect your freedom. If you or a loved one need legal representation in a criminal case, use LawInfo’s directory to find a criminal defense lawyer near you.