How Can You Defend Against Identity Theft Charges?

Identity theft is a serious crime that could put your future, relationships, and career in jeopardy if you’re convicted. If you were charged with identity theft in Maryland, it’s crucial that you understand what constitutes identity theft, how it’s penalized, and how you can defend against it. 

What Is Identity Theft? 

Identity theft is defined broadly as the willful use of identifying information with the intent of engaging in fraudulent activity. To be charged with and convicted of identity theft, you do not have to come across the identifying information through illegal means, nor must you actually engage in fraud. If, for example, you see someone’s identifying information on a paper lying on a desk while visiting their home and you then use it to apply for a credit card, you can be charged with identity theft even if you never put any charges on the card. 

Penalties for Identity Theft in Maryland 

In Maryland, identity theft can be either a misdemeanor or a felony. In cases where financial damage is less than $500, defendants can face up to 18 months in prison and up to a $5,000 fine. If the financial damage is over $500, identity theft is punishable by up to a $25,000 fine and up to five years in a state prison. Often, restitution is also required to restore the identity theft victim to their former financial status. 

Potential Defenses Against Identity Theft 

There are several potential defenses to accusations of identity theft, including but not limited to: 

• A case of mistaken identity. The police have arrested the wrong person and you were not the person who committed identity theft against the victim in question. 
• Lack of evidence. There’s not enough physical evidence to prove that either the crime was committed or that you were the one who committed the crime. 
• Lack of intent. You did not intend to use the information to engage in illegal activity. For example, if the victim gave you permission to use their information. 
• The information taken wasn’t identifying. The personal information in question was not of an identifying nature, e.g. a full name, social security number, or birthday. 

When Should You Call An Attorney? 

Many people who are arrested for identity theft know ahead of time that they are under investigation. While the police are conducting their investigation, it’s crucial to ensure that your rights are protected. Don’t wait until you’re arrested to contact a Maryland criminal defense lawyer if at all possible. Call Britt Criminal Defense today for a consultation at (443) 614-6881.