Colonial Heights Identity Theft Lawyer
An identity theft charge is taken seriously in the state of Virginia, and therefore should be dealt with accordingly. A Colonial Heights identity theft lawyer could be helpful in fighting a theft accusation and defending your reputation.
Someone being accused of identity theft should have information available when contacting an accomplished identity theft lawyer that tells them the basic facts of the situation in order to prepare a strong case.
Defining Identity Theft
Virginia code says that identity theft is unlawful use, without the authorization or permission of the person, of their identifying information with the intent to defraud for the defendant’s own use or the use of a third person. For a proper identity theft charge, there are requirements for it to be considered. The following are all necessary components of an identity theft offense:
- Intent to use information to obtain records
- Gain access to identifying information, such as a birth certificate or social security number
- Obtain money, credits, loans, or goods
- Identifying documents
- Use identifying information to act as law enforcement
Frequent Uses of Identity Theft
Many identity theft cases center around the use of someone’s likeness or information to get access to things an individual normally may not have access to. An identity could be used regardless of if the person whose identity was allegedly taken is currently alive, or even if the identity is fictitious.
Some examples of common identity theft uses are to avoid summons, arrest or prosecution. The use of someone’s identity could also be utilized to impede a criminal investigation. If someone gives another person permission to use their identity, the use of that identity is still illegal in certain cases. If the person who borrowed the identity is using that information for an illegal purpose, that is also considered identity theft.
Immediate Consequences of Identity Theft
The immediate consequence of a Class 2 misdemeanor identity theft conviction is 12 months in jail and a fine of $2,500. It is also considered a crime of moral turpitude, so a person is looking at jail time and heavier fines. Subsequent offenses are Class 6 felonies that carry a penalty of up to five years in jail and a $2,500 fine.
Long-Term Consequences
Long-term consequences of an identity theft conviction are usually involved with a Class 6 felony theft conviction. Even after serving their sentence, an individual could lose their right to vote and carry a firearm and could be put on probation.
Use of Plea Deals in an Identity Theft Case
The only time anybody should ever take a plea deal after being charged with identity theft is after they have discussed their options with a Colonial Heights identity theft lawyer and feel comfortable with the terms of that plea agreement. Plea deals generally have nothing to do with guilt or innocence, but rather with what an individual thinks may work for their particular case.
Consulting with a Virginia Criminal Lawyer
A person charged with identity theft in Colonial Heights may want to speak with an identity theft attorney because such a charge like this could carry a lot of potential caveats that an experienced attorney could argue correctly.
An individual may want a knowledgeable lawyer who is ready to defend their case, which could only happen from getting in contact with a Colonial Heights criminal attorney.
