What is identity theft? In order to secure a conviction for identity theft in the state of Virginia, the prosecution must prove beyond a reasonable doubt that the defendant committed one of the following four offenses:
Accessed or obtained personal identifying information in order to access financial resources, benefits, or obtain identification documentation. Used personal identifying information to obtain goods or services
Used personal identifying information to obtain an identification document in someone else’s name
Accessed or obtained personal identifying information by impersonating a state official or law enforcement officer
What are the penalties for identity theft? Penalties differ depending on the victim’s financial loss:
Financial loss greater than $200 – If the prosecution can prove that the identity theft resulted in a financial loss greater than $200, the crime is a Class 6 felony, which is punishable by 1-5 years in prison, and a fine of up to $2500.00
Financial loss less than $200 – If the prosecution proves that the identity theft resulted in a financial loss less than $200.00, the crime is a Class 1 misdemeanor, which is punishable by up to 12 months in jail, and a fine of up to $2500.00
If an individual commits a second or subsequent identity theft crime, it automatically becomes a Class 6 felony, regardless of the amount of financial loss.
Why should I contact an attorney? If you are convicted of an identity theft crime in Virginia, you face the possibility of years in prison and substantial fines. The Paracha Firm will advise you of your best defense options and execute a strong defense strategy that could reduce and possibly even eliminate the charges.
If you have been charged with Identity Theft, contact The Paracha Firm now for a no-fee consultation.