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
- 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.
- The defendant obtained some money, items, or other valuables by using another
- The defendant obtained a false ID or self-identified as that person.
- 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
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