Identity theft poses a significant threat in our increasingly digital world. In New Jersey, the legal repercussions of this offense are severe, including hefty fines, lengthy prison sentences, and a permanent criminal record. If you are facing accusations of identity theft, it’s vital to be aware of the potential penalties. This blog will outline the various penalties you might encounter in New Jersey and emphasize the importance of consulting with an experienced Bergen County Criminal Defense Lawyer to manage these intricate charges.
What is Considered Identity Theft Under New Jersey Law?
Identity theft occurs when an individual uses or possesses another person’s personal information to impersonate them or gain a benefit. Fundamentally, it involves acquiring someone else’s identifying information to cause harm or defraud them. Some examples of identifying information in New Jersey include the following:
- Name, date of birth, address, or Social Security number
- Bank or credit card information
- Online account credentials
- Biometric data (fingerprints, facial recognition, etc.)
It should be noted that a key element for this offense is that the defendant knowingly used or possessed another person’s identifying information for unlawful purposes. Even if the crime didn’t result in significant financial loss, the act itself still constitutes identity theft.
What Are the Potential Penalties for Identity Theft?
In New Jersey, the penalties for identity theft can vary significantly by degree, depending on the financial damage incurred and the number of victims involved.
- Fourth-Degree: This involves the unauthorized use of another’s identity to acquire less than $500 or evade service payments. This offense is punishable by up to 18 months behind bars and fines reaching $10,000.
- Third-degree: This involves financial gains between $500 and $75,000, or impacting three or more victims. This offense is punishable by imprisonment for 3 to 5 years and fines of up to $15,000.
- Second-Degree: This involves theft exceeding $75,000, or identity theft affecting five or more individuals. This offense is punishable by a prison sentence of 5 to 10 years and fines as high as $150,000.
Penalties can escalate with aggravating factors such as targeting vulnerable individuals, such as senior citizens or disabled persons, exploiting a child’s identity for fraudulent purposes, or committing repeat offenses or being involved in organized crime schemes.
New Jersey courts may order a defendant to reimburse victims for any financial losses, credit repair costs, or legal fees. This offense will become part of your permanent criminal history, which can make it much more challenging to secure employment, housing, loans, or professional licenses. Furthermore, if the crime involves interstate or online activity, it can trigger federal charges under the Identity Theft and Assumption Deterrence Act, carrying additional penalties of up to fifteen years behind bars.
As you can see, identity theft charges carry serious penalties, including prison time and a lifelong criminal record. If you or a loved one has been accused of identity theft in New Jersey, please don’t hesitate to contact an attorney at The Law Office of Carl Spector, who can help protect your future. Connect with our firm today to schedule a consultation.