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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.