Identity theft is a problem that the government is taking very seriously. There are several actions that can lead to a person being accused of identity fraud, so it is important to find out how identity theft laws apply to your case if you are dealing with these accusations.
In Nebraska, there are several things that can impact the type of charge and the consequences if you are facing identity theft charges. Understanding some of the factors that can impact your case might help you as you work to create a defense plan.
Not all identity theft charges are felonies
There are some identity theft charges that are misdemeanors. There are two primary factors that determine if a charge is a felony or a misdemeanor. One of these is the value of the goods, services or credit that are obtained. Typically, cases that involve $1,500 or less are misdemeanors. Cases that don’t involve any monetary amount are a lower misdemeanor than those that involve monetary amounts. Cases involving more than $1,500 are felonies. Cases that involve more than $5,000 are a higher level felony than cases that involve $1,500 up to $5,000.
There are exceptions in some cases
Even if the monetary amount in an identity theft case is within a misdemeanor range, it is still possible to face a felony charge. This is usually the case if you were convicted a charge for identity theft in the past. In fact, any charge for a subsequent case can face enhanced charges. This means that a felony charge might be charged as a more serious felony if there is already a previous conviction.
Not all identity theft involves money
Identity theft comes in a variety of forms. Financial identity theft, which can include obtaining credit cards, loans and undue financial compensation, is the most common form of identity theft. In some cases, the efforts aren’t fruitful. It is also possible for identity theft to occur to get medical care or to try to gain credentials. For example, using someone else’s name and education degrees to try to get a job is illegal.
When you are working on a defense plan for identity theft, you have to think about the specifics of your case. Your defense would be much different if you are accused of identity theft, but you were actually given permission to use the other person’s identity. Credit card fraud, for example, might have a defense of “he let me use his card to buy the items” if that is what happened. This isn’t a plausible defense if you didn’t know the alleged victim or didn’t have that permission.