Our Former Prosecutors & Highly Skilled Attorneys Have Over 200 Years of Combined Experience Defending Identity Theft Charges Throughout New Jersey
Identity theft is a fairly common offense for our New Jersey criminal attorneys. While the largest number of N.J.S.A. 2C:21-17 cases we handle are associated with credit card fraud, there are certainly many more scenarios where someone is charged with theft of personal information or impersonation of another person. The key for anyone facing this offense in Hudson County, Morris County, Bergen County, Camden County, Burlington County or elsewhere in NJ, is to secure representation from an experienced lawyer immediately since this variety of theft crime is a felony that can land you in prison for many years.
The Law Offices of Jonathan F. Marshall is a team of former county prosecutors and accomplished lawyers that possess over 200 years in practice combined. We know the law and how to effectively defend a New Jersey identity theft case since we have handled countless charges of this nature over the last decade or two. Whether you were arrested because you fraudulently obtained a driver’s license, used someone else’s credit card and/or posed as another person in any other context, we have the knowledge and bona fide qualifications to help you.
You are encouraged to contact us at 1-877-328-0980 for a free consultation with a lawyer at the firm anytime 24/7. There is no reason to hesitate in getting the advice you need since initial consultations are free.
What Is Identity Theft in New Jersey?
The primary law to consider when someone is charged with identity theft in New Jersey is N.J.S.A. 2C:21-17. It is a crime of either the fourth degree, third degree or second degree under this statute to:
- Impersonate another person to obtain a benefit or commit a fraud
- Pose as a representative of a person or entity to obtain a benefit or commit a fraud
- Impersonates another to obtain services
- Obtain the personal information of another person or to conspire to obtain or use the personal information of another person to fraudulently obtain a benefit or service, avoid payment of a debt or obligation, or avoid prosecution
- Impersonate another person in an application for services so that payment may be avoided
It is a fourth-degree crime when someone impersonates another or uses personal information to obtain a benefit of less than $500. The same conduct is enhanced to a third-degree crime if it is the second or subsequent conviction for this grade of identity theft. An individual also commits third-degree identity theft if they derive a benefit of at least $500 but less than $75,000, or their conduct involves at least two (2) but less than five (5) victims. Second-degree identity theft arises where the benefit derived from the fraud is $75,000 or more, or where there are five (5) or more victims.
Misrepresentation of Age Exception. There is an exception to prosecution for identity theft that applies when the impersonation involves misrepresentation of an individual’s age to illegally purchase an alcoholic beverage or tobacco
Examples of Identity Theft. The following are examples of scenarios where identity theft arises in New Jersey. Please be mindful of the fact that companion charges for credit card fraud, theft by deception, credit card theft, and even computer criminal activities also frequently arise in these cases.
- Obtaining a credit card
- Opening a bank account (this may include lines of credit)
- Using their social security number
- Buying a house or other real estate with someone else’s information
- Making a major purchase, such as a new car with someone else’s information
- Obtaining a loan or mortgage in the other person’s name
- Obtaining government benefits intended for the victim
- Avoiding paying for services or repay a debt by making believe you are someone else
- Avoiding any sort of prosecution by pretending to be someone else
- Commit fraud of any sort
- Enrolling in higher education (such as college or university) using the other person’s name
- Gaining a professional job using another person’s name
- Using the victim’s existing accounts to make changes, transfer money, or perform other transactions
Defending yourself against charges of identity theft can be a complicated proposition. If you or someone you love is charged with identity theft in New Jersey, an experienced attorney at Marshall Criminal Defense is ready to assist you now at 855-450-8310.
Frequently Asked Identity Theft Questions
The headings below discuss some of the more frequently encountered questions raised by individuals arrested for identity theft.
What Are The Penalties For Identity Theft?
Can you go to jail for identity theft and if so for how long? Yes, the penalties that may be imposed by a superior court judge in Jersey City, Camden, Somerville, Mount Holly, Mays Landing, Morristown, Hackensack or another venue hinges on the degree of identity theft committed. For a fourth-degree identity theft offense, an individual faces up to 18 months of jail time for identity theft and a $10,000 fine. A conviction for a third-degree crime under 2C:21-17 carries up to 5 years in prison for identity theft and a $15,000 fine. The most serious grade of identity theft is a second-degree crime and exposes a defendant to 5-10 years in jail and a maximum fine of $150,000. An individual is also required to pay restitution at the time of sentencing including, but not limited to, reimbursing the victim for the cost of clearing his/her credit and correcting any official records or documents.
Can Pretrial Intervention Be Used To Avoid A Conviction?
New Jersey has adopted a diversionary program commonly known as Pretrial Intervention or “PTI.” This program allows an individual to avoid a criminal conviction for fourth-degree or third-degree identity theft provided they have no prior record and have never taken a diversion previously, and successfully complete a period of probation.
Are There Immigration Consequences If Someone Is Charged With Identity Theft?
A person arrested for identity theft is particularly vulnerable if they lack citizenship. Federal immigration law treats identity theft as a crime involving moral turpitude and, in some cases, even an aggravated felony. What this means is that you can have your Visa or Green Card revoked and be subject to removal proceedings if you are convicted of identity theft. Hiring an attorney who is highly skilled is an absolute must for someone faced with this dilemma.
What Is The Statute of Limitations For Filing A New Jersey Identity Theft Charge?
The statute of limitation is five (5) years for a fourth-degree, third-degree or second-degree crime. What this means is that an indictment or criminal complaint for identity theft must be filed within five (5) years of commission of the fraud or it is time barred.
Can A Criminal Record For Identity Theft Be Expunged?
An individual may secure an expungement of one and only one indictable crime like identity theft. There is a five (5) year waiting period that must be satisfied before someone is eligible to have a conviction removed from his/her record.
Potential Defenses to New Jersey Identity Theft Charges
Several defenses may be present in New Jersey when you are accused of identity theft. These defenses include:
- Permission was given to use the personal information
- Mistaken identity – they have the wrong person
- Lack of intent (to use the information gained from the other person for illegal purposes)
- Insufficient evidence to prove the elements of the crime
- Issues with police procedure and searches and seizures (your rights were violated during the police investigation, or evidence was improperly obtained and cannot be used at trial)
The lawyers at our firm available to conduct a comprehensive review of your identity theft case, discuss your options and develop a plan of defense.
Helpful Resources To Further Assist You
How to Recover From Identity Theft
FTC Identity Theft Consumer Information
Identity Theft Lawyers in New Jersey
An identity theft offense is a serious matter that requires your attention if handled incorrectly you could end up serving jail time for an identity theft conviction. Your best course of action to ensure that penalties and collateral consequences of a conviction are minimized is to retain an attorney who is skilled in defending 2C:21-17 charges. The lawyers at the Law Offices of Jonathan F. Marshall have centuries of combined experience representing clients arrested for charges like theft by deception, credit card fraud and identity theft in New Jersey. You can obtain a free consultation with one of the attorneys at the firm by calling 1-877-328-0980. A lawyer is ready to help you now.
Identity Theft
Is Identity Theft A Felony In New Jersey?
An identity theft offense can grade as a crime of the fourth degree, third degree or even second degree. Each and every one of these types of identity theft are considered felonies because they involve the potential for more than 6 months in jail. You will therefore have to avoid a conviction if you want to avoid a felony criminal record. The lawyers at Marshall Criminal Defense can help you escape this result and are prepared to provide a free consultation at 855-450-8310.
How Much Jail Time Do I Face For Identity Theft?
You face up to 18 months in prison for fourth degree identity theft. The period of imprisonment is up to 5 years for third degree identity theft. The presumptive sentence is 3-5 years. Second degree identity theft is the most serious form of this charge and carries 5-10 years in prison.
What Is “Skimming” In New Jersey?
“Skimming” occurs when credit card information is acquired without the knowledge of the credit card owner. This can be done by placing a small electronic skimming device on an ATM, gas station pump, or a retail point of sale. The device reads the information contained on the magnetic strip when the credit card is used for a legitimate purchase. Skimming is illegal in New Jersey and most other jurisdictions. It is a form of credit card fraud and may be used in identity theft.
How Does Identity Theft Occur In New Jersey?
In the current digital age, identity theft is on the rise. Consequently, law enforcement across the country is cracking down. Much of the identity theft of today occurs online. However, identities may still be stolen without the use of a computer. The attorneys at Marshall Criminal Defense have years of experience defending individuals from various charges of identity theft in New Jersey.
There are many ways an identity can be stolen from one person and used by another person. Here are a few ways that a person’s personal information may be acquired:
- “Dumpster diving” – looking through trash for bills and other paperwork with personal information.
- Mail theft – items of mail are simply taken from a mailbox or post office box.
- “Porch pirates” – mail or packages are stolen from a porch or other location. These packages may include important or confidential paperwork. Invoices or packing lists for goods may include personal information, as well.
- Theft – wallets, purses, checkbooks, credit cards, IDs, driver’s licenses, passports, cell phones, laptop computers, personal electronic devices, or paperwork is stolen from a house, workplace, public area, or car.
- USPS address changes – a change of address is filed with the post office to divert someone’s mail to a different address.
- “Skimming” – involves a small electronic device that can be used to read the information encoded on the magnetic stripe of a credit card. (Note that this may also result in charges related to credit card fraud.)
- Phishing/Pretexting – emails or text messages sent, often to many people, by an individual pretending to be a trusted company requesting account numbers, passwords, or other personal information. (Note that this may also result in charges related to computer crimes.)
- Hacking computer networks or websites to gain access to databases personal information.
- Malware or spyware traces activity on a personal computer and sends information to another person.
The charge of identity theft clearly has the potential to be very serious. You should therefore strongly consider contacting Marshall Criminal Defense in order to speak to an attorney who is highly experienced in defending identity theft in New Jersey, including cases in Monmouth County, Middlesex County, Hudson County, Ocean County, Somerset County and elsewhere.
