Identity Theft in Virginia
Virginia Beach Criminal Attorney
The effects of an identity theft conviction can affect many areas of your
life. You could face fines, lengthy prison sentences, and possibly be
required to pay restitution. If you have been charged with a
white-collar crime like identity theft, retaining an experienced, compassionate
Virginia Beach criminal attorney to fight for your rights is crucial to your success. With over twenty
years of experience representing clients in the criminal defense practice
area of law, you can rest easy knowing your attorney has successfully
defended cases like yours before.
Why Choose The Law Offices of Daniel J Miller?
Contact Our Virginia Beach Criminal Defense Attorney to
schedule a free consultation.
Understanding Identity Theft Laws
Both federally and in Virginia, any crime in which a person wrongfully
obtains and uses another person’s identity for his or her own personal
gain is considered identity theft. Virginia outlines identity theft into
four different types of offenses.
- Using another’s personal identifying information (PII) to gain access
to their finances, benefits or government issued identifying documents.
- Using someone’s PII to purchase goods to services
- Using PII to get identifying documents in another’s name.
- Impersonating a state official or police officer to obtain PII
What is Considered Personal Identifying Information?
As mentioned above, identify theft is the procurement of an individual’s
identifying information for personal gain. Below are some examples of
what the law considers persona information:
- Biometrics (Retina Scans, Voice, Fingerprints)
- Credit Card/Debit Car Numbers
- Banking Information
- Social Security Number
Gathering Identifying Information via Computer
With an overwhelming percentage of the world’s population now using
computers to access the internet, banks, medical facilities, and credit
card companies use mobile apps and online portals for customers to pay
their bills and access their account information. The digital age has
paved a pathway for identity thieves to access the PII from unsuspecting
customers using phishing techniques, website rerouting, and falsified
or fake emails. In Virginia, if you obtained PII and planned to sell the
information, the crime becomes a Class 6 felony with a mandatory minimum
prison sentence of six months.
While the exact penalties you could face if convicted of an identity theft
crime are determined by the exact nature of the crime committed, below
is a basic outline of penalties you could face.
- Fines: if you are convicted of a felony or misdemeanor identity theft crime,
you could face up to $2,500 in fines.
Incarceration: Depending on the class of felony or misdemeanor, you could
face varying prison sentences.
- Class 5 Felony – Up to 10 years prison time
- Class 6 Felony – From 1 to 5 years prison time
- Class 1 Misdemeanor – Up to 12 months in Jail
- Probation: If you are sentenced to probation instead of prison time, you
must comply with all the conditions outlined by the judge. This could
include staying away from certain people associated with criminal activities,
staying within the city or state or allowing your probation officer to
inspect your home.
- Restitution: If your victim(s) suffered financial loss by your identity
theft crimes, the courts could order you pay restitution.
Speak With a Virginia Beach Criminal Defense Attorney
If you are facing criminal identity theft charges, it is imperative you
take these charges seriously. With the representation of a Virginia Beach
criminal attorney, your charges could be lessened or dropped. We at The
Law Offices of Daniel J Miller are passionate about protecting the rights
of our clients; we can fight tenaciously on your behalf.
Schedule your free consultation today.