Criminal Defense
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The Explosion Of Identity Theft Charges
Identity theft is one of the fastest growing crimes in the country. In 2014, there were more than 17 million victims of identity theft in the United States, and others were falsely accused of the crime. If you, a friend or a loved one have been accused of taking someone’s identity, call the experienced Criminal Defense Attorneys at Law Offices of Kelly & Conte.
Identity theft occurs when someone uses the personal identifying information of another person, without the authorization of that person, for unlawful purposes. Given the increased use of technology in our daily lives, identity thieves have access to more personal information than ever before. When that information is used for monetary gain or counterfeit purposes, an identity theft crime has occurred.
Our skilled identity theft attorneys represent clients charged with identity theft offenses in a wide variety of contexts. We can help with charges of identity theft in connection with these and other circumstances:
- Obtaining false or counterfeit government documents, including drivers licenses, social security cards and birth certificates
- Acquiring someone’s personal information in order to obtain credit cards
- Using someone’s personal information to access medical information
Under Pennsylvania law:
§ 4120. Identity theft.
(a) Offense defined — A person commits the offense of identity theft of another person if he possesses or uses, through any means, identifying information of another person without the consent of that other person to further any unlawful purpose.
(b) Separate offenses — Each time a person possesses or uses identifying information in violation of subsection (a) constitutes a separate offense under this section. However, the total values involved in offenses under this section committed pursuant to one scheme or course of conduct, whether from the same victim or several victims, may be aggregated in determining the grade of the offense.
(c) Grading.–The offenses shall be graded as follows:
(1) Except as otherwise provided in paragraph (2), an offense under subsection (a) falls within the following classifications depending on the value of any property or services obtained by means of the identifying information:
(i) if the total value involved is less than $2,000, the offense is a misdemeanor of the first degree;
(ii) if the total value involved was $2,000 or more, the offense is a felony of the third degree;
(iii) regardless of the total value involved, if the offense is committed in furtherance of a criminal conspiracy as defined in section 903 (relating to criminal conspiracy), the offense is a felony of the third degree; or
(iv) regardless of the total value involved, if the offense is a third or subsequent offense under this section, the offense is a felony of the second degree.
(2) When a person commits an offense under subsection (a) and the victim of the offense is 60 years of age or older or a care-dependent person as defined in section 2713 (relating to neglect of care-dependent person), the grading of the offense shall be one grade higher than specified in paragraph (1).
Potential Identity Theft Penalties And Consequences
Federal identity theft laws (Identity Theft Penalty Enhancement Act) were strengthened in 2008 and provide stiff penalties for conviction, including jail time. The new law allows federal courts to prosecute when the cyber criminal and the victim live in the same state. In cases where convicted identity thieves are ordered to pay restitution, the federal law now specifies the victim should get money “equal to the value of the time reasonably spent by the victim in an attempt to remediate the intended or actual harm incurred by the victim from the offense.”
Legislative representatives in Pennsylvania are also working to increase penalties for individuals who commit crimes while using a stolen identity. Depending on the evidence and severity of the alleged offense, identity theft may currently be charged as a misdemeanor or felony in Pennsylvania. Currently, identity theft is graded as a felony in the third degree punishable up to seven years in prison if the theft is more than $2,000. A third or subsequent conviction for identity theft is a felony of the second degree punishable by up to 10 years in prison.
Hire An Experienced Identity Theft Attorney
Any identity theft charge should be taken very seriously. To protect your rights, you must consult with an experienced theft attorney who will fight for your freedom. The identity theft lawyers at Law Offices of Kelly & Conte thoroughly understand identity theft charges and will work diligently to defend your good record.
Our attorneys regularly appear in courts throughout Chester County and Montgomery County and Delaware County, as well as courts in the Bucks County, Pennsylvania. To schedule a consultation to discuss the specifics of your identity theft case, contact an identity theft lawyer at Law Offices of Kelly & Conte right away.
Criminal Defense
- Your Legal Rights
- Criminal Defense FAQs
- Civil Rights Violations/Police Brutality
- College Crimes
- Drug Crimes
- Cocaine Crimes
- Drug Paraphernalia Charges
- Drug Possession Charges
- Heroin Crimes
- Intent To Deliver Charges
- Marijuana Crimes
- MDMA
- Meth Crimes
- Prescription Drug Crimes
- When Does Drug Possession Become Drug Trafficking?
- Fentanyl Drug Crime
- Drug Crimes FAQs
- Student Drug Charges
- Conspiracy To Traffic Drugs
- DUI/DWI/Impaired Driving Crimes
- Federal Crimes
- Computer And Internet Fraud
- Federal Drug Trafficking
- Federal Sex Offenses
- Federal Conspiracy
- White collar crimes
- Arrest, Indictment And Arraignment
- Gun Possession And Federal Drug Crimes
- Federal Tax Fraud
- Money Laundering
- Insider Trading
- Federal Sentencing Guidelines
- Federal Government Investigations
- Federal Crimes FAQs
- Federal Crimes Versus State Crimes
- Felony Charges
- Juvenile Crimes
- Pennsylvania Criminal Law Information
- Accelerated Rehabilitative Disposition (A.R.D.)
- Arrest Warrants
- Chester County Common Pleas Judges
- Chester County District Justices
- Federal Grand Jury
- Helpful Links
- Indicting Grand Juries
- Mandatory Sentencing Laws
- Montgomery County District Justices
- Pennsylvania Courts
- Preliminary Hearings
- Preliminary Arraignment
- Post-Conviction Related Issues
- Professional License Defense
- Representation Of Public Officials & Grand Jury Investigations
- Sex Crimes
- Child Endangerment
- Child Pornography
- Children Youth And Families Investigations (CYS Investigations)
- Corruption Of Minors
- False Allegations Of Child Sex Abuse
- Indecent Assault
- Aggravated Indecent Assault
- Internet Sex Crimes
- Megan’s Law
- Prostitution
- Rape
- Solicitation Of A Minor
- Sexual Assault
- Sex Crimes Against Minors
- Statutory Rape
- Sex Crimes Trials
- Sex Crimes Involving Teachers
- Involuntary Deviate Sexual Intercourse (IDSI)
- Statutory Sexual Assault
- Indecent Exposure
- How To Avoid Conviction For A Sex Crime
- What Constitutes A Sexual Offense?
- Title IX Sexual Assault Defense
- Sexually Violent Predator Hearings
- Sex Crimes FAQs
- When Should I Call A Lawyer For A Sex Crime
- Theft Crimes
- Violent Crimes
- Aggravated Assault Of An Unborn Child
- Assault Crimes
- Domestic Violence Charges
- Manslaughter
- Murder
- Pennsylvania Law On Self-Defense
- Terroristic Threats
- Third-Degree Murder
- Weapons & Firearm Charges
- Kidnapping
- First-Degree Murder
- Second-Degree Murder
- Attempted Murder
- What’s The Difference Between First- And Second-Degree Murder?
- Restraining Order Violations
Personal Injury
- Personal Injury FAQs
- Auto Accidents
- Bicycle Accidents
- Car Accidents Involving Uninsured Drivers
- Drunk Driving Accidents/Dram Shop Liability
- Hit-And-Runs
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Product Liability
- Slip-And-Fall Injuries
- Texting and Distracted Drivers
- Victims Of Crimes
- Wrongful Death Lawsuits
Immigration Law
Victims of Crime
Professional License Defense