Northeastern Pennsylvania Identity Theft Lawyers

Pennsylvania Identity Theft Law

Under Pennsylvania law, an individual has committed identity theft when he or she possesses or uses, through any means, identifying information of another without the consent of that person for any unlawful purpose.

Often, an individual will commit identity theft for financial gain. Because of this, the grading of the offense is dependent on the value of any property or services obtained by that identity.

• Misdemeanor of the first degree: Total value is less than $2,000
• Felony of the third degree: Total value is $2,000 or more
• Felony of the third degree: When the offense is committed in furtherance of a criminal conspiracy
• Felony of the second degree: The offense is a third or subsequent offense

However, when the victim of identity theft is 60 years of age or older, a care-dependent person, or an individual under 18 years of age, the grading of the offense shall be one grade higher than specified above.

What is considered identity theft?

In Pennsylvania, identity information can include social security numbers, credit cards, insurance information, bank account information, and cell phone service, as well as information such as date of birth.

Each time a transaction is made using another’s information, you can face an additional identity theft charge. For each charge, you will face harsh penalties, including charges related to credit card fraud or forgery.

Examples of identity theft include:

• Using a stolen credit card
• Using personal checks or business checks that are not yours
• Stealing a driver’s license to commit fraud
• Hacking into a bank account and stealing money
• Filing false tax returns to collect the refund
• Using someone’s identity to obtain government benefits, health care, or prescription medication
• Applying for a loan or mortgage using another person’s information
• Applying for a credit card with someone else’s information
• Securing a replacement credit card in someone else’s name

Penalties

Identity theft penalties come in various forms and the grading of the crime will determine the penalty given. Our identity theft attorneys explain.

For misdemeanors, you may face five years’ incarceration and a fine of up to $10,000. For felonies of the third or second degree, you may face a fine of up to $25,000 and a prison sentence of up to ten years. In extreme cases, you could be fined hundreds of thousands or even millions of dollars, as well as sentenced to up to 30 years in prison.

The Federal Bureau of Investigation (FBI) and local law enforcement agencies often investigate claims of identity theft for financial gain when the value of the crime is that large. In this regard, the government will weigh several elements to determine the sentence, including:

• The number of victims
• The extent of damage incurred by each victim
• The number and types of identities stolen
• The defendant’s criminal history
• The defendant’s behavior during and after the crime
• The defendant’s mental health
• The defendant’s use of substances (if applicable)
• If the defendant is likely to commit more crimes in the future

Additionally, the presence of these aggravating factors also impacts the resulting identity theft penalties.

• The identity theft was committed for financial gain
• The defendant has a prior criminal history
• The identity theft was planned out meticulously

Being wrongfully accused of identity theft in PA can have devastating consequences on your life. Under such circumstances, you must contact experienced identity theft lawyers without delay.

Defenses to Identity Theft

If you have been wrongfully accused of identity theft, you should know that our identity theft lawyers have defenses ready to use for you. You do not want a criminal record for a crime you did not commit. Potential identity theft defenses include:

• Authorized use of identity: If you were given permission to make a purchase or use someone’s identity in a transfer, you have not committed identity theft. This permission may be explicit or implicit. For example, if you work for a company and they give you banking information to make a purchase, you have been explicitly given permission to work for that company. Though this is easier to prove, the permission may have been implicit, such as you tell your employer or related supervisor that you are making a purchase and they nod in agreement. Though the evidence is not followed by a paper trail, it is possible to prove it.
• No fraudulent intent or unlawful usage: If you have not engaged in unlawful conduct with the stolen identity, you cannot be held criminally liable for identity theft, even if you illegally obtained the information but did nothing with it.
• Lacking intent: If you did not willfully obtain the stolen identity and use it for unlawful purposes, you cannot be found criminally liable. For example, if you are accidentally given another’s banking information or you used the wrong credit card by accident, there is a lack of intent.
• Improper search: To prove an identity theft charge, law enforcement must obtain a proper warrant from a judge to search anything you own or use (computers, mobile phones, tablets). In case the police searched your home without the necessary legal clearance, your lawyers can use it to defend you in court.
• Insufficient evidence: You may also defend an identity theft charge by arguing that the prosecution does not have enough evidence to establish probable cause for each element of your charge or they cannot prove their claims beyond a reasonable doubt. In this case, the court is most likely to dismiss your case.

Because of the complexity of these cases and the skill needed to provide identity theft defense, you need a legal team of identity theft attorneys with a proven track record of success in these white-collar offenses.