Identity theft has become a common and widespread problem across the country, especially with the rise of technology in everyday life. Whether you used someone else’s credit card information or stole personal data, an identity theft charge can have devastating personal, financial, and legal consequences. If you’ve been arrested for identity theft in Pennsylvania, understanding the state’s laws and the potential penalties you can incur is critical in protecting your rights. Reach out to an experienced Pottstown criminal defense lawyer to obtain skilled legal representation and counsel during your case.

How is Identity Theft Defined?

In Pennsylvania, identity theft is defined under 18 Pa.C.S. § 4120. This legislation states that “A person commits the offense of identity theft of another person if he possesses or uses, through any means, identifying information of another person without the consent of that other person to further any unlawful purpose.”

Essentially, any time a person uses or possesses another individual’s personal information without their consent to commit fraud or obtain money, goods, services, or anything of value, it is considered identity theft. Personal identifying information can include someone’s name, Social Security number, date of birth, driver’s license, credit card number, or other financial data. Common examples of actions that are considered identity theft include the following.

  • Opening a credit card using another person’s information
  • Using another person’s Social Security number to obtain a loan
  • Using someone else’s name or ID during a police investigation
  • Accessing another person’s online banking account
  • Filing a tax return under someone else’s name to claim a refund

These are only some of the many behaviors that constitute identity theft under Pennsylvania law.

Is Identity Theft a Felony?

In order to be convicted of identity theft in Pennsylvania, the prosecution must prove that you intentionally abused another person’s identity or information for financial gain or another illegal purpose. If they are successful and you are convicted, you could face serious legal penalties.

First, however, it’s important to understand the crime’s grading. Consider the following.

  • First-degree misdemeanor: Total value involved is less than $2,000
  • Third-degree felony: Total value involved is $2,000 or more, or the offense is committed in furtherance of a criminal conspiracy
  • Second-degree felony: Regardless of the total value involved, the offense is a third or subsequent offense

It is also important to note that if the victim of the offense is 60 years of age or older, a care-dependent person, or an individual under 18 years of age, the offense will be enhanced one grade.

What Are the Penalties for a Conviction in PA?

While the actual outcome of your conviction will vary depending on the specific circumstances of the situation, below are the general sentencing guidelines for each degree of offense.

  • First-degree misdemeanor: Up to 5 years in prison and fines up to $10,000
  • Third-degree felony: Up to 7 years in prison and fines up to $15,000
  • Second-degree felony: Up to 10 years in prison and fines up to $25,000

As you can see, the penalties for an identity theft conviction are significant in Pennsylvania. To obtain the help of a skilled defense attorney, contact Cohen & Patel today.