Identity theft can take many forms in Pennsylvania. If you've been accused of an identity theft crime, a proper defense can play a major role in your case's outcome.
Our Criminal Defense Team at the LLF Law Firm is familiar with both the state and federal laws that could apply to a case like yours. We're prepared to review your case, answer your questions, and offer the white-collar criminal defense services you deserve now. Learn more about how we can assist with your case by calling our offices at 888-535-3686 or submitting your information through our online contact form today.
Pennsylvania White Collar Crime: Identity Theft Laws
Pennsylvania's identity theft statute states that someone commits identity theft in the Commonwealth when they possess or use someone else's identifying information without their consent “to further any unlawful purpose.” The means through which someone uses or possesses another's identifying information doesn't influence whether such an act qualifies as identity theft.
Common examples of identity theft in Pennsylvania include using someone else's identifying information to:
- Make purchases with a credit card
- Open up a new credit card in someone else's name
- Open utility accounts in someone else's name
- Steal another person's tax refund
- Obtain medical care using someone else's medical insurance
In some cases, identity theft may even involve being arrested and pretending to be someone else to avoid facing penalties.
That list by no means covers all the ways someone could potentially commit an identity theft offense in Pennsylvania. If you're accused of virtually any form of identity theft, we at the LLF Law Firm Criminal Defense Team are prepared to handle your case.
Potential Penalties for Violating PA's Identity Theft Statute
Under Pennsylvania's identity theft law, the penalties someone may face for this crime will depend on the value of the property or services they obtained as a result of committing identity theft.
The following breakdown illustrates the grading of identity theft crimes in the state based on the total value of the property or services involved in an act of identity theft, as well as other relevant factors:
- Less than $2,000: Misdemeanor of the first degree
- $2,000 or more: Felony of the third degree
- An act of identity theft is a felony of the third degree if it was committed in furtherance of a criminal conspiracy as Pennsylvania law defines it. This is the case regardless of the total value of the property and services involved in the offense.
- An identity theft offense is a felony of the third degree if it is someone's third or subsequent identity theft offense, regardless of the total value of the property and services involved in the offense.
An alleged victim's age can also influence the grading of an identity theft offense in Pennsylvania. Specifically, if a victim is 60 years of age or older, if they are younger than 18 years, or if they qualify as a care-dependent person under Pennsylvania law, the grading of an offense will be one grade higher than it would otherwise be.
For example, perhaps someone commits an identity theft offense and obtains property or services whose total value is less than $2,000. Normally, this offense would be a misdemeanor of the first degree. However, perhaps the victim was over the age of 60. In this case, the offense may be graded as a felony of the third degree.
A misdemeanor of the first degree carries with it a potential sentence of up to five years imprisonment and a fine of up to $10,000. For a felony of the third degree, someone may face a sentence of up to seven years imprisonment and a potential fine of up to $15,000.
Such points should help you appreciate the degree to which penalties can vary in an identity theft case. In any identity theft case, the penalties can be serious, highlighting the value of enlisting legal professionals' help when facing charges.
An Identity Theft Offense in Pennsylvania May Constitute a Violation of Federal Law
Pennsylvania law isn't the only law someone may be accused of violating if they're charged with an identity theft offense. Various federal laws also cover numerous offenses that generally qualify as forms of identity theft. These include:
- The Identity Theft and Deterrence Act of 1998
- Identification fraud
- Credit card fraud
- Computer fraud
- Mail fraud
- Wire fraud
- Bank fraud
The federal government indicates that, while the penalties for these offenses can vary, they tend to be substantial, with some involving potential imprisonment of up to 30 years. Those convicted of such offenses may also face civil forfeiture penalties and fines.
It's also worth noting that many of these offenses can overlap with one another. It's not necessarily uncommon to be charged with multiple crimes when you face legal trouble for an alleged identity theft offense. For example, illegally using someone's identifying information to open up a credit card in their name could result in someone being charged with violating an identity theft law and the federal government's credit card fraud statute.
With so much at stake when you're accused of identity theft, having representation from legal professionals with relevant experience is vital. That's precisely what our LLF Law Firm Criminal Defense Team offers.
Potential Defense Strategies in a Pennsylvania Identity Theft Case
No single defense strategy is ideal for all clients. We at the LLF Law Firm Criminal Defense Team take the time to understand the specific details of your case, tailoring our strategy to your unique circumstances and requirements. Everything from the specific law you're accused of violating to the age of the alleged victim can influence how we may approach a case like yours.
However, the following examples describe some of the common types of defenses we may consider when defending a client accused of identity theft:
- Consent was given: Lack of consent is a critical element in many identity theft cases. The prosecution needs to show someone accused of identity theft used another person's identifying information without their permission. Thus, one potential defense strategy in this type of case involves arguing that the prosecution has failed to meet this requirement. If there's even evidence to show that an alleged victim did consent to someone else using their identifying information, we may present this evidence accordingly.
- Errors were made or rights were violated: One of the many ways our attorneys can help a client accused of identity theft involves reviewing the way in which law enforcement handled various steps in a case. For example, we may determine that the police or another law enforcement agency engaged in illegal search and seizure when uncovering evidence used to justify arresting or charging a client. We can challenge the validity of the charges by identifying procedural errors, rights violations, and other such issues that could jeopardize the Commonwealth's case against someone who seeks our help.
- Mistaken identity: As has been previously mentioned, one form of identity theft involves providing law enforcement with false information regarding one's identity upon being arrested. Thus, it's sometimes possible to defend a client by suggesting that they're also a victim, given that someone else falsely provided their identity to law enforcement.
- Lack of intent: Depending on the specific charges someone faces, arguing that they didn't intend to commit identity theft or engage in a related form of fraud could be an effective defense. For example, maybe a client accidentally used someone else's credit card to make a significant purchase because they weren't paying attention and thought they were handling their own credit card.
- A client has an alibi: A client who's genuinely innocent of the crime they're charged with may have an alibi proving this. In these circumstances, our team can help by generating and presenting the evidence necessary to support a client's alibi.
It's also important to consider how an attorney can help ensure the prosecution accurately and truthfully presents all elements of a case. For example, maybe the prosecution is alleging that a client of ours engaged in an illegal conspiracy when committing identity theft, which could result in more significant penalties than they would otherwise face. We can challenge this characterization of the offense if there's limited evidence to suggest our client violated anti-conspiracy laws.
Again, these are general examples of how our lawyers may approach various identity theft scenarios. Reviewing your case with a member of our team will give you the opportunity to discuss potential defense strategies in greater detail.
Contact the LLF Law Firm Criminal Defense Team for Help With a Pennsylvania Identity Theft Case
An accusation of identity theft is a serious matter. That's not meant to frighten you! Although the penalties for identity theft can be significant, help is available when you face these charges.
At the LLF Law Firm, attorneys with our Criminal Defense Team offer white-collar criminal defense services rooted in a thorough understanding of identity theft laws. To find out how we may handle a case like yours, submit your information online today or call our offices at 888-535-3686.
