Charles City Identity Theft Lawyer
Identity theft involves the use of another person’s identity to obtain goods, money, credit, or information illegally. If convicted, the consequences of this offense could be devastating.
Regardless of the circumstances, you have the right to legal counsel following an arrest for identity theft. A Charles City identity theft lawyer could provide you with the defense you need to beat the charges against you. Speak with an experienced attorney today to get started on building a defense.
Penalties for an Identity Theft Conviction
Identity theft is governed by Virginia Code Section 18.2-186.3. These charges could stem from many types of transactions. They could include the unauthorized use of a credit card, obtaining a driver’s license, using someone else’s name, or even fraudulently recovering someone’s tax refund. When these actions lead to a conviction, the penalties can vary with the dollar amount of the fraud.
As a baseline, state law treats identify theft as a Class 1 misdemeanor. A Class 1 misdemeanor could result in a jail sentence of up to a year as well as a fine. It is possible for prosecutors to upgrade the charge to a felony when the amount of money that was obtained through fraud is high.
Qualifications for Felony Charges
Identity theft is a Class 6 felony in two occasions. A second conviction of identity theft will result in at least a Class 6 felony charge. In addition, any theft involving more than $500 in damages to the alleged victim will also result in an upgrade to a Class 6 felony.
Identity theft can also result in a Class 5 felony charge when the fraud impacts a large number of people. A person that obtains identifying information for five or more people as part of an effort to defraud them will result in a Class 5 felony. The same is true in cases where someone uses a fake ID in attempt to avoid arrest.
A Charles City identity theft lawyer could work to reduce an aggravated identity theft charge, or even to have the case dismissed.
Defending Against Charges of Identity Theft
When the prosecutor refuses to dismiss a claim or offer a reasonable plea offer, a Charles City identity theft attorney could recommend to the accused individual to take the case to trial. There are multiple defenses for a potential identity theft charge, depending on the facts of the case.
Some common defenses include:
- Lack of evidence
- Lack of intent to commit fraud
- Authorized use
- Mistaken identity
The identity theft statute offers several potential defenses based on its language. A defendant that establishes they had permission to use the identity or did so unintentionally may be able to obtain a favorable result at trial.
Call a Charles City Identity Theft Attorney Immediately
If you are facing charges of identity theft, hiring an attorney should be your top priority. While the role of your lawyer is important, you have the ability to put your attorney in the best position to succeed.
You can help yourself in your case by providing all of the documentation that might relate to your case to your Charles City identity theft lawyer. To get started on your case, schedule a free consultation today.
