Criminal Elements of Identity Theft

Posted By Carlson & Collier || 29-Feb-2016

The rates of identity theft are increasing. Technology has become more advanced, and thus, it is becoming much easier now for anyone to commit identity theft or fraud, intentionally or not. The fact of the matter is that this is a crime and it and involves wrongfully using or obtaining another person’s financial information for purchases and other gains.

Identity theft can happen quite easily—someone could obtain your credit card information or routing numbers. This form of identity theft is also known as credit card fraud. These types of cases can be charged as either misdemeanors or felonies, and may be a matter for the federal government to decide.

So that you have a better understanding of the elements in an identity theft charge, we at Carlson & Collier can break down the laws for you so that you have an idea of what to anticipate. We know the criminal justice system inside and out. We can identify any weak evidence that prosecutors have and create a counterargument.

The Legal Elements of Identity Theft Charges

More recently, the Internet has become the arena where identity theft is occurring most often. It can occur because of phishing or spam chain emails. Unfortunately, those accused of identity theft might unknowingly engage in identity theft.

In Virginia, prosecutors must prove that the following occurred to secure a conviction:

  1. The defendant had access to the private identifying or financial information of another person, which can be used to obtain documents or seek gain from that information.
  2. The defendant obtained some money, items, or other valuables by using another person’s identity.
  3. The defendant obtained a false ID or self-identified as that person.
  4. The defendant acted as a police officer or some other law enforcement official in order to obtain the other person’s identifying information.

If convicted of identity theft, one could face numerous penalties, which can include jail, fines costing thousands of dollars, and forced repayments to identity theft victims. Because of the seriousness of this situation, you must find legal representation as much as possible. The criminal process is a lot to handle on your own; so, an attorney who is not only knowledgeable about the laws but is also aggressive about defending your rights is a step in the right direction.

We Are Prepared to Fight!

At Carlson & Collier, we are former prosecutors who understand the laws. We know that this is a difficult time, and we know the stresses you are facing. That is why we are ready to protect you, as a member of our community. We are available around the clock—24 hours a day, 7 days a week—to offer our legal guidance.

Do not wait! Contact us today for a free consultation.

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