Brazos County Identity Theft Defense Attorney
Most people believe in America you are innocent until proven guilty. Although this is a legal concept, it’s not necessarily a practical one. You are innocent until proven guilty in a court of law, but that doesn’t mean a prosecutor will give you that same benefit of doubt when trying to convict you. When it comes to identity theft, prosecutors presume you are guilty until you are able to prove your innocence. That’s why you need an aggressive, dedicated criminal defense attorney to take your side.
Arrested for Identity Theft in Bryan-College Station?
The crime of identity theft includes obtaining, possessing, or using the identity of another individual — regardless of whether they are living or dead and regardless of their age (infant, minor, adult or elderly) — with the intent to harm or defraud someone. Under the law, a person will be presumed to have the intent to harm or defraud another person if they possesses the identifying information of three or more people, living or dead. If you utilize another’s social security number to apply for an auto loan, for instance, you could be charged with identity theft. If you make purchases online with someone else’s credit card number, you could be charged with identity theft. Prosecutors come down hard on this crime because it requires diligent effort. In many cases, one would have to dig deep to learn another’s social security number or credit card number. The actor might have to infiltrate computer files or locate receipts they received from their own transactions.
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The crime of identity theft is a felony. The severity of the felony depends on how many items were obtained, possessed or transferred by the suspect:
- If the number of items was less than five, the penalty is a state jail felony, which carries a sentence of 180 days to two years in a state prison and/or a fine of no more than $10,000.
- If the number of items was between five and nine, the penalty is a third degree felony, which carries a sentence of two to ten years in a state prison and/or a fine of up to $10,000.
- If the number of items was between ten and forty-nine, the penalty is a second degree felony, which carries a sentence of two to twenty years in a state prison and/or a fine of up to $10,000.
- If the number of items was fifty or more, the penalty is a first degree felony, which carries a sentence of five to ninety-nine years in a state prison and/or a sentence of up to $10,000.
Identity theft is usually considered a white collar crime, but that doesn’t make it any less serious. If you are facing criminal charges for identity theft you need an experienced identity theft defense attorney to build your case and prove your innocence. Don’t go down without a fight! If we decide to accept representation in your case, rest assured you will have an experienced advocate on your side, fully prepared to go the distance to defend your legal rights. Possible defenses for identity theft include the lack of intent to deceive or harm another and mistake of fact (the suspect never obtained or possessed the identity of another person). Additionally, minors may receive lighter punishments under the law if convicted.
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