Identity Theft The Right Attorney Makes All The Difference

Virginia Beach Identity Theft Defense Lawyer

Fight Charges of Identity Theft

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 identity theft attorney to fight for your rights is crucial to your success. With over twenty years of experience representing clients in the criminal defense 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 identity theft defense attorney to schedule a consultation. Call (757) 517-2942 now!

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 personal information:

  • Name
  • Address
  • Birthday
  • 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.

Penalties

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.

How to Reduce the Risk of Identity Theft

  1. "Congratulations! You’ve Won" – Before ad blockers, you likely remember heading to websites and hearing that phrase. These scams continue to this day, only identity thieves use many different tactics to get your information. You could be contacted via your telephone by representatives claiming you’ve won some grand prize, or you may see an email that looks as if it was coming from a legitimate company, like Target or Amazon, claiming you’ve won. If these scammers ask for your banking information or social security information, hang up the phone or close the browser window.

  2. Corporate Data Leaks – You may have heard about the corporate data leaks Target experienced a few years ago. When a corporation experiences a data leak, customers’ bank accounts, credit history, telephone numbers, and social security information is released into the world. Often these customers are never able to recover this information, and there are a higher risk of having their identities stolen. Consider signing up for a credit and identity theft monitoring service like LifeLock, which will alert you to any threats to your ID.

  3. Pretexting – Pretexting occurs when someone tries to obtain an individual’s personal information often using social engineering and then sells this information. Pretexters often call unsuspecting people claiming they are from the bank, the gas company or the cable company and ask customers to take a short survey or update their records. These people always sound friendly and confident, which helps the scam seem legitimate. Don’t give out your information to someone on the phone, email or mail unless you contacted the agency first.

Speak With a Virginia Beach Identity Theft 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 identity theft 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.

Contact us to schedule your consultation today.

Every Client Matters

Your Rights Deserve to Be Protected
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Case Results

A Track Record of Success
  • Protective Order Domestic Violence

    Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.

  • Pre Litigation Defense – Rape Sex Crimes

    Our client was the respondent of a protective order wherein the petitioner alleged that she was raped. She sought a two-year protective order and was seeking to have detectives assist in securing warrants against him. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges.

  • Protective Order Family Law

    Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.

  • Driving Under the Influence 4th Offense– Bond Hearing DUI

    Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.

  • Violation of Protective Order – Appeal Domestic Violence

    Our client was under a protective order to have no hostile contact with his family. The Commonwealth alleged that based upon several text exchanges that he had threatened his teenage children. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. On appeal we were able to reduce his confinement to 24 hours – time served.

  • Breaking and Entering with Intent to Commit Misdemeanor Felony Defense

    Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.

  • Third Offense Petty Larceny Felony Defense

    Our client was charged with felony third offense petty larceny, which carries a maximum sentence of five years in the Virginia State Penitentiary. We were successful in negotiating a reduction to a misdemeanor petty larceny charge with no active jail time.

  • Possession of Marijuana- Appeal Drug Crimes

    Our client plead not guilty to a second offense possession of marijuana charge. We successfully argued that the Commonwealth had failed to prove constructive possession. The case was dismissed.

  • Driving Under the Influence DUI

    Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.

  • Domestic Violence Domestic Violence

    Our client was alleged to have assaulted the girlfriend of her child’s father during an exchange of the child at a police precinct. Phone video evidence and inconsistencies in the Prosecutor’s witness testimony led to a dismissal of the charge.

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  • A Proven Track Record of Results
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