Identity Theft Lawyer In Des Moines
As technology improves, digital theft is becoming more common. Identity theft is a crime involving using someone's personal information, such as their credit card number or social security number, to pretend to be them and obtain goods, services, or anything of value. The Federal Trade Commission reports that there are millions of American identity theft victims ever year. Some thieves even take the identities of deceased victims.
Identity theft convictions could lead to large fines, jail time, restitution payments, and employment problems. Des Moines identity theft lawyers can explain more possible consequences.
Employers don’t trust people who are convicted of fraudulent activities like identity theft — especially not when people have felony identity theft convictions. You may find that employers, friends, and family won’t trust you. Banks might not trust you with loans, especially if you still owe fines or restitution.
You can’t afford to be branded as an thief — not if there’s any way to clear your name.
Whatever the facts of your case, an Iowa identity theft attorney can review the charges against you and help you determine what defenses may be available. You need help with identity theft defense in Iowa.
Identity theft is defined in Iowa Code 715A.8.
Identity theft involves fraudulently using or attempting to use someone else’s identification information to try to get credit, property, services, or other benefit.
Identification information includes (but isn’t limited to) someone else’s “name, address, date of birth, telephone number, driver’s license number, nonoperator’s identification card number, social security number, student identification number, military identification number, alien identification or citizenship status number, employer identification number, signature, electronic mail signature, electronic identifier or screen name, biometric identifier, genetic identification information, access device, logo, symbol, trademark, place of employment, employee identification number, parent’s legal surname prior to marriage, demand deposit account number, savings or checking account number, or credit card number.”
Degrees of Identity Theft
- If the value of whatever fraudulently achieved benefit you get is $0-$1500, identity theft is an aggravated misdemeanor.
- If the value of whatever fraudulently achieved benefit you get is $1500.01-$10,000, identity theft is class D felony.
- If the value of whatever fraudulently achieved benefit you get is greater than $10,000, identity theft is a class C felony.
Punishment for Identity Theft
- Aggravated Misdemeanor: Up to 2 years in prison. Fine of $855 to $8,540.
- Class D Felony: Up to 5 years in prison. Fine of $1,025 - $10,245.
- Class C Felony: Up to 10 years in prison. Fine of $1,370 - $13,660.
Anything you get as a result of identity fraud, including things like money, interest, security, contractual rights, claims, and financial instruments, will be seized and forfeited. Identity fraud victims and banks that indemnify the victims may file claims for payment of damages.
In addition to any criminal fines, you will have to pay an additional 35% surcharge.
If you get a deferred judgment instead of a conviction, you will pay a civil penalty instead of a fine. Civil penalties in the same amounts as criminal fines — for instance, if you get a deferred judgment on a theft 5th, you could get a civil penalty of $65 instead of getting a criminal fine for $65. There’s no additional 35% surcharge for civil penalties, though.
You should expect to pay restitution after identity theft conviction. The county attorney might ask for the judge to order you to perform community service hours. You may be required to pay a placement fee to be placed into a local community service program.
Some crimes carry additional collateral consequences.