An experienced identity theft defense lawyer knows how to handle this difficult crime and will protect your rights throughout the process
Identity theft is a more serious crime than many people think. These federal crimes can involve a slew of identity thefts, including financial identity, medical identity, criminal identity, child identity, employment identity, or identity cloning.
You do not need to take on these charges alone. You can put the experienced guidance of an identity theft defense lawyer on your side. If your case is being tried in the areas of Worcester or Springfield, Massachusetts, or you reside in one of these areas, then you should contact the defense team at Murphy & Rudolf, LLP. Our lawyers have a combined experience of over 50 years in defending clients. Contact our law offices now so you can share the details of your case during a free consultation: 508-762-1397.
What to know about identity theft
According to Massachusetts Gen. Laws. Ann. ch. 266, §37E, the crime of identity theft can come with a sentence of 2.5 years in prison and a fine of $5,000. However, if the identity theft involved financial loss, then there is a requirement for restitution to the victim. There are also federal penalties for the crime of aggravated identity theft.
The 2004 Identity Theft Penalty Enhancement Act labels aggravated identity theft as a felony. Aggravated identity theft is when a person uses another person’s identity to commit a felony, like stealing social security benefits, violating immigration laws or conducting acts of terrorism.
Identity theft charges should be taken seriously and an experienced criminal defense lawyer will help you do so.
Defenses used by an identity theft defense lawyer
In order to be proven guilty of identity theft, the prosecution must prove beyond a reasonable doubt that you have committed the crime. If a reasonable doubt cannot be found, then the likelihood is that the case will be thrown out. Some of the possible defense strategies employed by defense lawyers include:
Lack of unlawful purpose: The prosecution must prove that the defendant intended to use the stolen identity for criminal purposes. If that cannot be proven, then you cannot be held criminally liable. For instance, if you receive someone else’s credit card information from a friend or colleague but never acted to use that information for illegal activity, then criminal liability is invalid.
Lack of specific intent: Specific intent refers to the desire and action to commit a crime. It is possible that identity theft can happen by accident, and if that is the case then there is no specific intent to illegally act upon.
Authorization: If the alleged victim has allowed the defendant to use their identity for whatever reason, then permission has been given and there is no criminal liability involved in the case.
If you are facing identity theft charges in Massachusetts, then you should call Murphy & Rudolf, LLP today
Allow experienced criminal defense lawyers to take on your case and help with protecting your rights. Our team of dedicated defense lawyers have served clients for over 50 years cumulatively, and that direct experience will help you in court.
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