At The Montanari Law Group, our experienced criminal defense lawyers are prepared to handle all aspects of the process of being investigated, charged, and prosecuted for identity theft. We have successfully represented clients throughout Wayne, Little Falls, Woodland Park, and the wider Passaic County area who are exposed to the harsh consequences of ID theft accusations. If you are facing identity theft charges in New Jersey, do not hesitate to reach out. Our team is ready to provide a free consultation and discuss your specific case. Contact us today at (973)-233-4396.
The crime of impersonation, or theft of identity, is a crime as stated in N.J.S.A. 2C:21-17. This statute makes it a crime to impersonate or steal the identity of another person. Subsection A makes it a crime to do this through electronic means, making it a crime to assume the identity of another person, through various means and for various purposes such as obtaining services, avoiding a debt, paying a debt, benefitting the perpetrator in general, or harming the victim.
Common examples of identity theft would be obtaining a credit card in someone else’s name, obtaining lines of credit, bank accounts, obtaining a loan, using a social security number. Other examples of identity theft could include doing something in order to avoid repaying a debt, fraudulently obtaining government services, committing fraud of any kind or even avoiding prosecution.
In order to prove that someone is guilty of identity theft, the State must show that the alleged perpetrator impersonated another person, acted as if they were a representative of a person (or organization, made a false statement regarding their identity, used someone else’s personal information without permission, or did any of these things to avoid payment of services. The State must show that they did this knowingly, and that they did so for their benefit or to injure someone else.
N.J.S.A. 2C:21-17(c) states the different degrees of crimes that can be committed based on the severity of the offense, and what the penalties are. Subsection(c)(1) states if the benefit or loss of the victim is less than $500.00 then it is a crime of the fourth degree, unless it is a subsequent offense at which point it turns into a third degree crime. If the benefit or detriment is more than $500.00 and less than $75,000.00, or there is more than two but less than five victims, it is automatically a third degree crime. If it involves $75,000.00 or more, then it is a second degree offense.
A fourth degree crime is still an indictable offense, but carries lower penalties than a third, or second degree crime. Now it may not seem like a big difference, but a fourth degree crime carries with it a punishment of up to 18 months in prison, and up to a $10,000.00 fine. First-time offenders may also get probation. A third degree crime carries a term of incarceration between 3 and 5 years, and a fine payable up to $15,000.00. Probation is still an option. A second degree crime carries a term of imprisonment punishable by up to 10 years and not less than 5 years. It also carries a fine payable up to $150,000.00. Probation is no longer an option at this point unless you have a skilled defense lawyer representing you.
Usually, multiple victims means multiple offenses or crimes that are charged. For example, if you punch three different people, you can be charged with three separate counts for assault. With identity theft, if you have multiple victims, it remains the same, single count. However, like it was previously mentioned, a fourth-degree crime can be elevated into a third-degree, or a third-degree crime can be elevated into a second-degree if there are multiple victims. Multiple victims can mean the difference between ten and three years in prison.
As a means of avoiding incarceration, the State has developed a few different diversionary programs. The relevant one here is Pre-Trial Intervention (PTI). Pre-Trial Intervention is used when those convicted of third- and fourth-degree crimes only. This means if you are convicted of second-degree identity theft, you are unable to use this diversionary program to escape incarceration. That is, unless your lawyer can negotiate and convince the prosecutor to agree to allow you to apply for PTI in lieu of a conviction.
Usually, if not always, there is another crime associated with identity theft. For example, if someone commits identity theft to avoid paying for something that they would otherwise not be entitled to, this is also known as theft by deception. Another example would be using someone’s identity to obtain a credit card in that person’s name. If you use that credit card to make purchases, you just engaged in credit card fraud.
Identity theft can seem like an innocent crime at first. You may start by doing something stupid to someone who has wronged you, or there may be a perfectly reasonable explanation to a misunderstanding. Whatever the case may be, it is of the utmost importance, and your number one priority, to retain an experienced criminal defense attorney. Identity theft, as you now know, brings hefty penalties and significant prison time.
At The Montanari Law Group, our skilled criminal defense lawyers are readily equipped to defend you against identity theft charges and any additional charges issued in conjunction with this offense, such as theft by deception, theft of services, credit card fraud, obtaining CDS by fraud, or another criminal act in violation of New Jersey’s criminal statutes. With local offices in Little Falls, New Jersey, we defend clients throughout Passaic County on a regular basis to protect their rights and obtain optimal results. Contact us at (973)-233-4396 or send us an email on our website to set up your free consultation with a criminal defense attorney who can help.