In Montgomery County, the District Attorney's Office has implemented training programs that relate to identity theft and other financially-based forms of crime. These educational efforts are available for all residents of the County, as well as public and private entities. This form of crime continues to plague consumers, as the Center for Strategic and International Studies estimated that the yearly losses are in excess of $375 billion.
The Prevalence of Cybercrime
The Insurance Information Institute explains that identity theft and similar criminal activity is a product of our current environment that is dependent on electronic data. Vast amounts of sensitive financial and personal consumer data are now stored and transferred and at potential risk of exposure. Just recently, we have seen large breaches of security by organizations such as Equifax and Facebook. These are companies that we could reasonably expect to be among the proficient in cybersecurity, data protection, and encryption.
|
Reported Cybercrimes: 2017 |
Rank |
Number |
|
California |
1st |
41,974 |
|
Florida |
2nd |
21,887 |
|
Texas |
3rd |
21,852 |
|
New York |
4th |
17,622 |
|
Pennsylvania |
5th |
11,348 |
Identity Theft (§4120)
The crime of identity theft involves using personal information that identifies someone for unlawful action without their knowledge or consent. This information may be in the form of a document, image, photo, etc. Documents that may contain information used in the crime include a birth certificate, driver's license, Social Security card, access card, employee or student identification card, and others. Sometimes sensitive data such as bank account numbers, Social Security numbers, and student identification numbers are accessed electronically.
Identity Theft: Grading of Offenses
- If the value associated with the offense is under $2,000, it is a misdemeanor of the first degree
- If the value associated with the offense is at least $2,000, it is a felony of the third degree
- Whenever the offense is the result of some criminal conspiracy, it is a felony of the third degree
- Repeat offenders who commit a third offense will have their charges enhanced to a second-degree felony
- All offenses that involve victims that are under the age of 18 or over the age of 60 are enhanced by one grade
Ordering of Restitution for Identity Theft (§1107.1)
Victims of identity theft or access device fraud may be granted a court order that allows them to receive restitution from the offender. The courts may exercise their discretion in determining the amount of restitution that is reasonable. The funds are commonly used to pay fees for the services of lawyers, accountants, and credit bureaus.
Medical Identity Theft
The Federal Trade Commission recently reported that cases of medical identity theft are on the rise. A thief may use someone's personal information to receive medical care, most commonly to obtain prescription drugs. Incidents have occurred where the victim's health insurance is used to cover the costs.
Choosing a Criminal Defense Lawyer
Those charged with identity theft may be facing first-degree misdemeanor charges or second or third-degree felony charges. These offenses can result in significant periods of incarceration and other penalties. Retaining an attorney that is focused on criminal defense is critical in these cases.
Aggressive Legal Representation in Montgomery County
Our Criminal Law Team understands the potential ramifications of a criminal conviction. We have the experience and resources necessary to effectively defend these cases. Contact the office for a free case evaluation at 888-535-3686.
