Fairfax Identity Theft Lawyer

If you have been charged with a criminal theft charge. You should consult with our experienced Fairfax Identity Theft Lawyer to seek possible legal remedies that may apply to your case.

read below defense strategies and penalties of identity theft criminal charges.

What is Identity Theft?

In simple terms, identity theft is when someone uses another person’s important personal information for improper purposes. It’s when they steal your personal information for their gain without your permission.

Fairfax Identity Theft Laws

According to the Virginia Code §18.2-186.3, it’s a crime for a person, without permission, with intent to defraud, distribute or sell, to:

1.  Obtain identification documents that are in another person name;
2. Obtain, record, or access any identifying information while impersonating a law-enforcement official;
3. Obtain, record, or access any identifying information while impersonating an official of the government of the Commonwealth;
4. Obtain money, credit, loans, goods, or services through the use of identifying information of another;
5. Obtain, record, or access identifying information that is not available to the general public that would assist in accessing financial resources, obtaining identifying documents, so on so forth.

The identifying information mentioned above is defined by VA Code §18.2-186.3C, that states refer to any physical documents or information that may include a person’s:

• Name,
• Date of birth,
• Drivers license number,
• Social Security number,
• Bank Account numbers;
• Credit or debit card numbers (Personal identification numbers),
• Biometric data,
• Passwords or Fingerprints, etc.

What are the Penalties for Identity Theft in Fairfax?

In Fairfax, the penalties for identity theft depend on how much the defendant has stolen. Such a crime can be charged as either a misdemeanor or a felony depending on the circumstances of the case.

A minor type of identity theft, which is a Class 1 misdemeanor, comes with 1 year in jail and a fine not exceeding $2,500. 

However, if such an offense is a person’s second or subsequent conviction, then they may be charged with a felony.

In the event, the financial loss caused by identity theft consists of more than 50 or more people, then it is classified as a Class 6 felony.

It is punishable for up to 5 years in prison in addition to expensive fines imposed by the courts. 

Moreover, in addition to any prison sentence and fines imposed by the court, they must also order restitution to be paid to the individuals whose identifying information was stolen or used for improper purposes.

If you are faced with such a situation, contact an experienced Fairfax Identity Theft Lawyer at the earliest who can advise you on your options and reach the best possible resolution for your case.

Identity Theft Defenses

Your actions may be unfairly mischaracterized, in the event you are charged with identity theft.

With such harsh penalties for an identity theft conviction, it’s important to work alongside an experienced attorney who knows every possible defense that may apply to your case.

The most frequently used defenses include:

1. Being falsely accused of trying to steal some identifying information when you had no intention to do so. 
2. Having proper authorization to use another person’s identity.
3. This provides a shield and proves that consent was given to you.
4. If there’s a lack of fraudulent intent, prosecutors will not have a case against you if they fail to prove you stole someone’s identity for improper or unlawful purposes.

Why Should you Hire an Experienced Fairfax Identity Theft Lawyer?

Being a victim of identity theft can be a harrowing experience.

It can take months to work with agencies and authorities to recover your identity once it has been stolen.

If you or a loved one have been a victim of identity theft or has been charged with such an offense, it is encouraged to consult with an experienced Fairfax Identity Theft Lawyer. 

The attorneys here at the American Lawyers group have years of experience handling thousands of cases by providing strong and effective legal representation.

Contact us today so we can help you navigate the legal obstacles that come your way and prepare for the best possible outcomes.