Identity theft is when a person uses someone else’s personal or financial information without explicit permission, usually intending to commit fraud or other criminal activities. This is something that hurts many individuals and families every year. So, New Jersey criminal law is strict about this criminal offense, hoping that serious punishment deters a person from these behaviors and actions ever again. With that being said, please continue reading to learn the penalties for identity theft and how an experienced Morris County theft lawyer at Macri Law Firm can help you defend against this serious charge.
What counts as identity theft under New Jersey law?
As we provided the general definition of identity theft above, New Jersey law specifically describes that a person is guilty of this crime if they engage in one or more of the following actions:
- A person impersonates another or assumes a false identity and acts to obtain a benefit for themself or another, or to injure or defraud another.
- A person pretends to be a representative of another person or organization and acts to obtain a benefit for themself or another, or to injure or defraud another.
- A person impersonates another, assumes a false identity, or makes a false or misleading statement of the identity of any person, to obtain services.
- A person obtains personal identifying information of another person and uses it to obtain a benefit or service, avoid the payment of debt, avoid prosecution for a crime, etc.
What are the penalties for identity theft in New Jersey?
Now, if the New Jersey criminal court has reason to believe that you are guilty of committing any of the above actions, the judge may charge you with identity theft. The penalties they may impose depend on whether they convict you of a fourth-degree, third-degree, or second-degree offense. The possibilities read as follows:
- Fourth-degree identity theft offense (i.e., when the benefit was $500 or less):
- A prison sentence of up to 18 months.
- A fine of up to $10,000.
- Third-degree identity theft offense (i.e., when the benefit was anywhere between $500 and $75,000):
- A prison sentence of up to five years.
- A fine of up to $15,000.
- Second-degree identity theft offense (i.e., when the benefit was $75,000 or more):
- A prison sentence of anywhere between five and 10 years.
- A fine of up to $150,000.
This is not to mention the other potential consequences the judge may add to your sentence. For instance, they may order you to pay for the victim’s restitution, and even the suspension of your driver’s license or revocation of your visa card, if applicable. The victim may even exercise their right to file a civil lawsuit against you, which means compensating for additional damages.
When it comes to your criminal defense, you should not settle for anything less than spectacular legal representation. So please hire us to help with your criminal trial proceedings. A skilled Morris County, New Jersey criminal defense lawyer at Macri Law Firm looks forward to working with you.