Identity Theft The Right Attorney Makes All The Difference

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 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.


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.

Contact us to schedule your free consultation today.

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Case Results

A Track Record of Success
  • Obtaining a Protective Order – Virginia Beach Juvenile and Domestic Relations Court Domestic Violence

    Our client was seeking a protective order against her husband to obtain exclusive use and possession of the home and to require him to have no future hostile contact with her.

  • Underage Possession of Alcohol – Norfolk General District Court DUI

    Our client was alleged to have illegally possessed alcohol in the city of Norfolk.

  • Pre Litigation Defense – Rape - Virginia Beach General District Court Sex Crimes

    Our client was the respondent of a protective order wherein the petitioner alleged that she was raped.

  • Protective Order - Norfolk Juvenile and Domestic Relations Court 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 and an upper hand in their divorce proceedings.

  • Bond Hearing – DUI 4th Offense - Virginia Beach Circuit Court DUI

    Our client was charged fourth offense driving under the influence.

  • Violation of Protective Order – Chesapeake Circuit Court - Appeal Domestic Violence

    Our client was under a protective order to have no hostile contact with his family.

  • Breaking and Entering with Intent to Commit Misdemeanor – Felony – Virginia Beach General District Court 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.

  • Felony Third Offense Petty Larceny Virginia Beach General District Felony Defense

    We were successful in negotiating a reduction from a felony third offense petty larceny charge.

  • Appeal Possession of Marijuana - Chesapeake Circuit Court Drug Crimes

    Our client plead not guilty to a second offense possession of marijuana charge.

  • DUI Reduced to Reckless Driving – Isle of Wight General District Court DUI

    Our client was charged with driving under the influence of alcohol after officers arrived on a call for service in a church parking lot.


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