18 Pa. C.S. § 4120 defines identity theft, how it is prosecuted, and what penalties you may face if convicted. If you see this statute number or the words “identity theft” on any documents pertaining to your case, it is vital that you act quickly to protect your rights.
In this article, you will find an overview of what 18 Pa. C.S. § 4120 says, what to do if you are charged with identity theft, and how our Pennsylvania cybercrime lawyer can defend you.
What Is Identity Theft Under Pennsylvania Law?
Under 18 Pa. C.S. § 4120, identity theft is defined as the possession or use, “through any means,” of another person’s identifying information “without the consent of that other person to further any unlawful purpose.”
In short, even if you legally acquired the other person’s information, it is a crime to use that information—including but not limited to their name, phone number, Social Security number, credit card information, and online passwords—for the purpose of committing an illegal act. Such acts may include:
- Buying things with another person’s credit card
- Using another person’s credentials to access restricted information
- Making withdrawals from someone else’s bank account
- Conducting business under another person’s name
Every time a person commits a crime using another person’s information, this will count as a separate offense. For example, if you are accused of making three separate purchases with a stolen credit card, you will face three identity theft charges, not just one.
At the same time, the amount of stolen money or property will all be added together by law enforcement when they charge you. The larger the total amount, the more serious the charges you could face.
Is Identity Theft a Misdemeanor or a Felony?
Identity theft is graded based on various factors. For example, if the total amount stolen is under $2,000, you will face a first-degree misdemeanor charge. The charge escalates to a third-degree felony if the stolen amount is over $2,000, and it becomes a second-degree felony if, regardless of the stolen amount, you have already been convicted of identity theft at least twice before.
One of the differences between a felony and a misdemeanor is in the severity of the possible penalties. While the penalties you face depend on the specifics of the situation, the following maximums could apply:
- First-degree misdemeanor: 5 years in prison, $10,000 fine
- Third-degree felony: 7 years in prison, $15,000 fine
- Second-degree felony: 10 years in prison, $20,000 fine
In addition to these penalties, the judge may require you to pay court fees or make restitution to the alleged victims. A conviction could also cause long-term damage to your reputation, career prospects, and mental health.
It can be extremely difficult to get your life back in order following a conviction, so you will want to do everything possible to get the charges dismissed or reduced. Our criminal defense lawyer can work hard to do just that while you spend more time with your loved ones as your case works its way through the system.
What You Should Do if You Are Charged With Identity Theft
Your future depends on the decisions you make here and now. Some of the most important things you can do include the following:
Preserving All Relevant Materials
This may seem counterintuitive, and some people’s first instinct might be to throw out hardware or to delete any potentially incriminating documents. Trying to conceal or dispose of relevant information not only makes it appear as though you have something to hide, it is often fruitless: experts can often retrieve “lost” data and devices.
Appearing at All Necessary Hearings
There may be some hearings or other meetings where we can represent you or where you can appear virtually. However, if the judge requires your presence at any hearing, you must show up. Failure to do so could result in additional criminal charges.
Hiring a Cybercrime Lawyer
You are entitled to legal representation, and you should take advantage of this right as soon as you realize you might be facing charges. Our legal team can help to get you out on bail as quickly as possible, decide on the right legal strategy, and then implement that strategy for you.
Not Answering Questions Without an Attorney Present
You do not have to answer any of the police’s questions before you have consulted with a lawyer. Even if they try to convince you that your case will “go easier” if you cooperate or that they want to help you, wait until we arrive to advise you before you share any information.
How Will Your Identity Theft Case End?
No one can predict how your case will end, but there are several outcomes that you and your lawyer might aim for:
- Complete dismissal of all charges
- Reduction of charges
- A plea deal that enables you to avoid the worst penalties
- A smooth and fair trial that results in acquittal
We might work towards one or more of these outcomes by arguing that you have been falsely accused, that the evidence against you was obtained illegally, or that you believed you had permission to use the other person’s information in the way that you did.
Ultimately, it is our job to do whatever we can to ensure the legal system treats you justly and that you can get back to your normal life with as little disruption as possible. Identity theft is a very serious charge, and we want to protect your future starting now.
Identity Theft Charges Are Serious, So Speak to Our Lawyer Today
As a former prosecutor, David McKenzie knows how the legal system works and how to ensure our clients receive fair treatment under the law. Call McKenzie Law Firm, P.C., now for a free consultation. We are prepared to tell you more about 18 Pa. C.S. § 4120 and how you can fight back against identity theft charges.
