Being accused or arrested for identity theft in New Jersey can have life-changing consequences. State prosecutors take these cases seriously, often seeking prison time and steep fines, even for first-time offenders. If you are facing identity theft charges, understanding the law, the potential penalties, and your legal options is crucial. Continue reading to discover how a skilled Mercer County criminal defense lawyer can help during your case.
What is Identity Theft?
Identity theft is the crime of knowingly using, possessing, or transferring another person’s personal information to obtain money, goods, services, or anything of value without that person’s authorization. New Jersey Revised Statutes 2C:21-17 outlines the following actions as the criminal offense of impersonation or identity theft.
- Impersonating another or assuming a false identity and performing an act in the assumed character for the purpose of obtaining a benefit or to injure or defraud another
- Pretending to be a representative of some person or organization and performing an act in such pretended capacity for the purpose of obtaining a benefit or to injure or defraud another
- Impersonating another, assuming a false identity, or making a false or misleading statement regarding the identity of any person, in an oral or written application for services, for the purpose of obtaining services
- Obtaining any personal identifying information of another person and using the information to assume their identity without the person’s consent and with the purpose of fraudulently obtaining or attempting to obtain a benefit or service, avoiding paying debt, or avoiding any other legal obligation
- Impersonating another person, assuming a false identity, or making a false or misleading statement during an oral or written application for services with the purpose of avoiding paying for prior services
Personal identifying information can include names, Social Security numbers, driver’s license numbers, bank account information, and more. Examples of behavior that constitute identity theft could include opening a credit card or bank account under another person’s name, using someone else’s Social Security number to get a loan, or impersonating someone else to avoid criminal liability.
What Are the Penalties for Identity Theft in NJ?
The penalties you will face for an identity theft conviction depend on the specific circumstances of the offense. The severity of your charges depends on the details of the crime.
If the financial value of the offense is less than $500 and there was one victim involved, it will generally be charged as a fourth-degree indictable crime. A value of $500 to $75,000 or the involvement of at least 2 but less than 5 victims is considered a third-degree indictable crime. Any offense involving a financial value of $75,000 or more or 5 or more victims will be charged as a second-degree indictable crime.
The general sentencing guidelines for each level of offense are as follows.
- Fourth-degree: Up to 18 months in prison and up to $10,000 in fines
- Third-degree: 3 to 5 years in prison and up to $15,000 in fines
- Second-degree: 5 to 10 years in prison and up to $150,000 in fines
As you can see, the potential consequences of a conviction are quite severe. If you’ve been arrested for identity theft in New Jersey, do not hesitate to contact a skilled criminal defense attorney today.
