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The Main Types of Identity Theft and Their Potential Penalties

By Los Angeles Criminal Defense Attorney on January 1, 2024

Identity theft cases are complex and sensitive due to the intricate nature of tracking and proving the misuse of personal information. The emotional toll on victims, coupled with the need for thorough investigation, adds many layers to addressing these crimes.

For individuals accused of identity theft, life can become extremely stressful. While many challenges exist for the accused, these cases can be resolved favorably. Exercise your right to remain silent and your right to an attorney if you are under investigation or are facing charges of identity theft.

What are the Main Types of Identity Theft?

Identity theft involves using another’s personal information without consent to obtain money or valuables. Identity theft crimes can be categorized into various types based on the methods used and the nature of the stolen information. Some common types include the following:

Financial Identity Theft

Financial identity theft is when someone uses another’s identity to gain unauthorized access to credit cards or monetary accounts for personal gain. Individuals can obtain others’ identities online or physically, such as through social media or by reading another’s mail. Some cases can be more nuanced. If the defendant has a personal relationship with the accuser, the question of consent could be more difficult.

Criminal Identity Theft

Criminal identity theft is when a person arrested or cited for a criminal offense provides another’s identity to law enforcement to escape punishment. There may also be circumstances where individuals assume false identities unintentionally. For example, certain mental conditions can be triggered by the stress of interacting with police.

Medical Identity Theft

Medical identity theft involves using another’s identity to obtain healthcare benefits, such as prescription drugs or expensive medical procedures. While some commit this crime for financial gain, others may want to overcome physical issues. The California healthcare system is prone to vulnerabilities; some hospitals commit insurance fraud or fail to keep accurate patient records. A person can also be unwittingly involved in medical identity theft due to healthcare staff mishandling documents.

Social Security Identity Theft

Social Security identity theft is when another’s Social Security Number (SSN) is used to create a false identity. The false identity is then used to commit fraud, often to open a new line of credit or to get a loan. SSNs can be purchased on the dark web or found in personal documents incautiously thrown out.

Cases involving stolen SSNs are more complex. It can be challenging to prove the innocence of someone who has been accused of Social Security identity theft, mainly when there are no ties between the accused and the alleged victim.

Potential Penalties and the Need for Strategic Defense

Identity theft can come with some hefty consequences. Penalties include 16 months to three years in jail and fines of up to $10,000 for felony identity theft and up to one year in jail and fines of up to $1,000 for misdemeanor identity theft. Identity theft can also be charged as a federal crime, with a sentence of up to 20 years in prison.

Your Los Angeles identity theft defense lawyer plays a crucial role in providing support and guidance when it matters most. At Werksman Jackson & Quinn LLP, we understand that being accused of identity theft can have a life-altering impact that extends far beyond legal consequences. The emotional toll can be enormous, but you’re not alone. We are well-versed in cultivating a strategic defense that considers your intent in all its nuances, as well as your unique circumstances.

Protect Your Freedom with Werksman Jackson & Quinn LLP

Werksman Jackson & Quinn LLP’s experience with high-profile, high-stakes cases gives us an edge when defending identity theft charges. When you choose us, you’re not just hiring a lawyer; you’re getting a trusted and proven ally on your side. Our Los Angeles criminal defense firm consists of award-winning attorneys ready to provide you with top-notch legal representation and obtain the most favorable outcome for you.

Call us today at (213) 688-0460 for a free and confidential consultation to discuss your case.