Federal law says that you are guilty of identity theft if you use someone else’s personal information to commit fraud or other crimes. A conviction of identity theft is punishable by confinement in federal prison and potential fines (possibly reaching hundreds of thousands of dollars). Please contact a criminal defense attorney now if you are facing identity theft charges or any charges of a federal crime.
What is the Federal Crime of Identity Theft?
The primary federal statues on identity theft are 18 USC 1028 and 18 USC 1028A. Per these laws, identity theft generally involves acquiring another person’s identifying information (like name, address, Social Security number, or bank account) for fraudulent purposes, often for economic gain.
More specifically, prosecutors will charge you with this offense if you:
- Knowingly transfer, possess, or use someone else’s identification without lawful authority, and
- Do so during and in relation to a felony violation of federal law or a state/local felony.
Examples of identity theft include using someone’s credit card number to make purchases and opening a bank account with someone else’s identity.
What are the Penalties?
If convicted of identity theft, you could face the following penalties:
- Confinement in federal prison (with confinement time largely determined by the severity of the crime and your criminal history), and/or
- Fines (which could potentially reach hundreds of thousands of dollars).
In addition to the above, your judge may also order you to pay back the “victim” for any financial losses.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge an identity theft charge with a legal defense. A common defense is for you to show that you did not “knowingly” use another person’s identity. For example, maybe you used someone else’s identification on accident.
You can also attempt to show that you did not intend to defraud or commit a felony in the use of another’s identity. Further, your criminal defense attorney can contest a charge by proving that the “victim” consented to you using their identity.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge an identity theft charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various federal charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
* Main image at top by freepik
