With the rise of advanced technology, identity theft has become one of the most common crimes individuals commit today. A person can quickly go through someone else’s trash bins or use technology to obtain an individual’s personal and financial information to use for their benefit unlawfully. Although this may not seem like a serious crime, it is punished harshly in New Jersey, as identity theft can cripple an individual’s life. If you have been accused of identity theft, you need a skilled Bergen County Criminal Defense Attorney to defend your rights and interests. Please continue reading to learn about the potential penalties for identity theft in New Jersey.
What Is Identity Theft In New Jersey?
Identity theft, also called impersonation or theft of identity, is a criminal offense under NJ Rev Stat § 2C:21-17 that occurs when someone knowingly uses another person’s identifying information or assumes a false identity to obtain benefits intended for another person. Identity theft commonly involves:
- Using someone else’s Social Security number to open accounts
- Filing taxes on behalf of another person to get their refund
- Using someone else’s information and insurance to obtain medical care
- Providing someone else’s identity to avoid prosecution
What Counts as “Identifying Information” in New Jersey?
Identifying information can cover a wide array of details, including some that are easily accessible, while others are incredibly sensitive. Common examples of information often used for identity theft include:
- Full name
- Date of birth
- Address
- Social Security number
- Driver’s license number
- Log-in information
- Bank account or credit card numbers
- PIN or access codes
- Biometric data (fingerprints, facial recognition, voice detection)
It’s important to understand that, when these crimes are prosecuted, the state will focus on if you knowingly and intentionally used the victim’s information, not just whether or not you took money.
Common Examples of Identity Theft Charges in Bergen County
Understanding the types of acts and offenses that are commonly charged as identity theft is critical. As such, this includes:
- Impersonating another person with the intent to obtain goods or services
- Falsely claiming to represent a person or business
- Using someone else’s identifying information to obtain financial benefits or open accounts
- Using someone else’s identifying information to avoid debts or legal obligations
- Using someone else’s identifying information to avoid prosecution
What Are the Penalties for Identity Theft in New Jersey
As mentioned above, identity theft carries harsh penalties as it is illegal to masquerade as someone else to obtain a monetary benefit or harm another individual. You should note that, in New Jersey, identity theft is always classified as an indictable offense. However, the severity of your penalties will depend on the economic value of the benefit or deprivation the crime causes.
Fourth-Degree
You may be charged with a fourth-degree identity theft offense if:
- The benefit or loss is less than $500
- Often involves a single victim
- Often, a first offense
Potential penalties include:
- Up to 18 months in prison
- Fine of up to $10,000
- Victim restitution may be ordered
Third-Degree
A third-degree identity theft offense may be charged when:
- The benefit or loss is between $500-$75,000, OR
- There are two to four victims
The potential penalties for a third-degree felony in New Jersey include:
- Up to 5 years in prison
- Fine of up to $15,000
- Potential victim restitution
- Possibility of probation
Second-Degree
A second-degree felony identity theft offense in New Jersey is generally charged when:
- The benefit or loss is greater than $75,000, OR
- There are five or more victims
In the event that you are charged with a second-degree identity theft offense, you can expect penalties including:
- Up to 10 years in prison
- Fines totaling up to $150,000
- Substantial victim restitution
Additional Consequences Beyond Jail and Fines
While the aforementioned penalties, like the potential for up to 10 years in jail or over a hundred-thousand dollars in fines, may seem incredibly harsh, it’s important to understand the additional penalties you can face if convicted of identity theft in New Jersey. Some long-term consequences you may face include:
- Mandatory restitution payments
- Immigration consequences (for visa-holders and other non-citizens)
- Difficulty obtaining employment
- Issues obtaining professional licenses
- Credit-related issues
Potential Defenses to Identity Theft Charges in Bergen County
It’s important to understand that, depending on the circumstances of your case, you may be able to craft a defense. However, this may only be possible with the assistance of an experienced criminal defense attorney to help you determine the best course of action for your unique case. Some of the most common defenses for identity theft charges include:
- Lack of intent
- Mistaken identity
- Weak or illegally obtained evidence
- Prior consent or authorization
Bergen County Identity Theft Charges: What to Expect Locally
If you have been charged with a felony identity theft offense in Bergen County, understanding what you can expect from this process is critical. In general, the majority of these allegations and subsequent charges are the result of:
- Bank investigations
- Domestic disputes
- Online account activity
- Employer complains
As such, because identity theft is always an indictable offense in New Jersey, these cases are heard in the Bergen County Superior Court.
However, if there are additional offenses that you have been charged with, these may be heard in your local municipal court.
Contact an Experienced Glen Rock Criminal Defense Attorney
Identity theft is a grave offense that can result in severe financial loss. Consequently, you will face severe penalties that negatively impact your life. To maximize your chances of avoiding harsh penalties, contact a determined Bergen County criminal defense attorney from The Law Office of Carl Spector, who will do everything possible to protect your future.