Three Defenses To Identity Theft Charges


Identity theft is one of the fastest growing crimes in America, affecting 16.7 million victims and accounting for 16.8 billion in losses in 2017. It comes as no surprise, then, that identity theft is a felony offense in most states and can result in significant jail time and fines, depending on the severity of the crime. However, don't automatically assume you're done for if you're charged with this infraction. Here are three defenses you can use in your trial that may help you avoid being convicted.

Lack of Intent

Identity theft is typically charged as a kind of fraud. One thing the prosecutor has to prove to convict you is that you intended to commit fraud when you used another person's identity information. If the prosecutor is unable to prove intent, he or she may have to settle for reducing the charges or dismissing them altogether.

While intent can be difficult to prove, unfortunately, identity theft is a purposeful act, meaning that you deliberately have to use another individual's personal information in an unauthorized way to be charged with this crime. So, you could say that intent is built into the act. At the same time, sometimes there are misunderstandings or people get caught up in situations they didn't realize would result in criminal charges. Thus, showing there was no intent to commit fraud can be a valid defense in these cases.

For instance, one person may use his or her lover's information to open a joint credit card thinking it's okay since they are in a long-term relationship or have opened joint accounts previously. However, the lover objects to the act and files a police report to remove his or her responsibility to repay the debt, which results in the offender being charged with identity theft. Showing there was no intent to commit fraud in this situation may be enough to help the defendant escape conviction.

Mistaken Identity

Criminals have all sorts of tools they can use to help obscure their identities while committing crimes. One of those tools is to hide behind someone else's name and data. For instance, one man had his identity stolen by an undocumented person who subsequently committed a variety of sex-based crimes and other offenses, all of which piled up on the criminal record of the real person whose identity was filched. This particular victim was lucky that the only consequence he suffered was to be fired from his jobs. Other victims are not so lucky and have found themselves being hauled into court for crimes committed by another person.

The mistaken identity defense can be challenging to use, depending on the situation. Sometimes providing a convincing alibi will be enough, such as when someone used a stolen credit card to purchase products at a store. You would just need to show you were somewhere else when the alleged crime took place to get off the hook. Other situations, particularly those involving cybercrime, may require the assistance of technical experts to prove your innocence.

It's essential to work closely with a criminal defense attorney if you want to use this strategy. The lawyer can connect you to the professionals needed for your case.

Absence of a Crime

A third defense is to show that no crime occurred. It may seem strange that a prosecutor would charge you with a crime when it doesn't appear that one occurred, but mistakes happen all the time. Something may appear illegal at first glance. However, digging into case law may show the act wasn't as criminal as everyone thought.

For instance, unless you obtained the information in an illicit manner (e.g. hacking), it's not illegal to possess someone else's personal data, like their driver's license number. It's only when that data is used for nefarious purposes that it becomes a crime.

This defense is best used in situations where multiple parties are at fault and/or you didn't play an active part in the events that unfolded. For instance, if you only stored the information on your computer and other people used it for bad purposes, you may be able to use this defense to avoid major charges.

For more information about this issue or help with your criminal case, contact an attorney.

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