Frederick County Identity Theft Lawyer

Your life could change drastically after facing identity theft allegations. While a criminal conviction for stealing an identity typically results in jail time and fines, it can have an even greater impact on your reputation, potentially lasting long after your jail sentence is complete. A seasoned fraud defense attorney could help you fight to avoid these consequences.

If you are able to beat your charges at trial, you might avoid jail and begin clearing your reputation. An acquittal is never guaranteed, however. When you work with a Frederick County identity theft lawyer, you could put yourself in the best position to obtain an outcome you can live with.

Identity Theft Charges in Frederick County

Every allegation of identity theft in Frederick County is governed by Maryland Criminal Code Section 8-301. To violate the statute, the perpetrator must obtain another party’s identifying information without consent, and then use it for their own gain. Examples of identifying information include:

  • Name
  • Address
  • Social security number
  • Driver’s license number
  • Mother’s maiden name
  • Fingerprints
  • Telephone number
  • Credit card number

Possessing this information in and of itself is not a crime. To violate the statute, a person must both obtain the identifying information without the alleged victim’s consent and attempt to use it for personal gain. If a Frederick County identity theft attorney can show one or both of these elements never occurred, they may be able to fight for an acquittal.

The Role of Consent

The consent of the alleged victim plays an important role in these cases. However, determining whether or not the alleged victim provided their consent to use identifying information could be murky in some situations. Lack of clarity or misunderstandings about consent could potentially provide a Frederick County identity theft attorney with a strong defense in some cases. If the prosecution cannot demonstrate the defendant used the personal information without consent, it makes no difference if they establish the defendant did so for personal gain.

The burden of proof in an identity theft case always rests with the prosecution. This means the defendant does not have to prove consent was given affirmatively. The defense and their criminal defense attorney must only cast doubt on the claim that the alleged victim failed to provide consent. If the jury has reasonable doubt on whether the use was authorized or not, an acquittal is likely.

Penalties for an Identity Theft Conviction

The statute also outlines the prospective penalties that could come with an identity theft conviction. The higher the value of the personal benefit allegedly taken by the defendant, the heavier the potential sentence. A conviction for a benefit valued at less than $1,500 is a misdemeanor and it carries a maximum sentence of one year in jail, a fine of up to $500, and restitution.

However, in cases where the benefit was at least $1,500 but less than $25,000 could result in a five-year stint in prison and a fine of $10,000. When the benefit was worth at least $25,000 but less than $100,000, the penalties include as much as ten years in prison and a $15,000 fine. At the highest end of the sentencing range, an offense that carries the value of $100,000 or more could lead to 20 years in prison and a fine of $25,000.

Speak with a Frederick County Identity Theft Attorney Right Away

No matter the circumstances of your case, you are entitled to aggressive and dedicated legal representation. The right attorney could review the facts and help you determine the best defense strategy for your case.

If you are ready to fight back against the charges you face, a Frederick County identity theft lawyer could help. Call right away to discuss your legal options.

Frederick Fraud Lawyer