Identity theft continues to be one of the most common forms of property
crime in America. The importance of safeguarding social security numbers,
passwords, bank account information, and credit card statements is at
an all-time high. Unfortunately sometimes innocent people find themselves
on the wrong end of an identity theft accusation. Anyone who acquires
another person’s personal information without their consent could
be at risk of being charged with identity theft. Below are some examples
of identity theft tactics:
One popular tactic is to create a fake WiFi hotspot in a public place to
lure in victims that are looking for a free wireless network. Once the
user logs in, personal information on their computer is instantly accessible
to the network’s creator.
Credit Card Skimmers
Credit card skimmers are another identity theft tool. Skimmers are card
readers attached to payment terminals that grab personal information off
the card’s magnetic strip. ATMs and gas pumps are historically popular
locations for these devices.
Identity thieves can also send an email posing as a trusted company or
organization. This is known as phishing and these emails urgently request
personal information based on some fictitious reason. Identity theft schemes
can also be much more complex.
Every year large companies are hacked and millions of customers have their
personal information stolen. Those that carryout these schemes, whether
big or small, should be caught and punished accordingly. The truth, however,
is that anyone who acquires another person’s personal information
without consent could be at risk of being arrested and charged with identity theft.
Criminal convictions for identity theft can result in harsh punishments.
Depending on the accusation, identity theft can be charged as either a
misdemeanor or felony in either State or Federal court. A misdemeanor
often leads to costly financial penalties while a felony can result in
up to 15 years’ imprisonment. Additionally, under federal law, anyone
convicted of aggravated identify theft is automatically eligible for a
mandatory minimum two year prison sentence.
Aggravated identity theft
Aggravated identity theft occurs when someone uses the identity of another
during the commission of a state or federal felony. Mail fraud, forgery,
and false personation of citizenship are all examples of predicate felony
offenses that can trigger a charge of aggravated identity theft. Unlike
most sentences that run concurrently, a sentence for aggravated identity
theft often runs consecutive to any underlying felony conviction. This
is usually controlled by the prosecutor and they use it as a powerful
bargaining tool. Accusations of identity theft are serious and because
of the crime’s increased notoriety, prosecutors often move quickly
to obtain a conviction.
When you are falsely accused
If you have been or suspect you may be charged with identity theft, you
have the right to contact an attorney immediately. For decades, thousands
of clients have chosen Berry Law Firm to defend their reputations and
protect their freedom. Remember, every person is innocent until proven
guilty. Berry Law Firm places a premium on this fundamental legal right
and is ready to fight back against unwarranted accusations of identity theft.