What is the sentencing range for identity theft? 20 Answers as of June 14, 2011

What can be the sentencing range if convicted of identity theft? How do you find out where "you use their identity"?

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Clifford Clendenin & O'Hale, LLP
Clifford Clendenin & O'Hale, LLP | Locke T. Clifford
Identity theft can be either a G or an F class felony. The maximum sentence for a presumptive class G felony is 25-39 months. The maximum sentence for a presumptive range class F felony is 33-49 months. It will all depend on the facts and your prior record. I would encourage you to speak to an attorney.
Answer Applies to: North Carolina
Replied: 6/14/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You would have to provide me with much more information before I could answer that question. If convicted of a D or E felony you would face up to 4 years on an E felony and up to 7 years on a D felony. The sentence is usually 1 1/3 to 4 years or 2 1/3 to 7 years on a non violent first felony offense but you are also eligible for an alternate 1 year sentence or straight probation for 5 years with a fine or restitution to the victim. You could be ordered to perform community service or just receive a fine or restitution with no probation. It is rare for a person to face jail time for a theft offense unless they have a bad record or have stolen a large amount of money from the elderly or a church.
Answer Applies to: New York
Replied: 5/24/2011
Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
The penalties for identity theft are determined based upon the age of the victim and the value of the goods, services, or any items secured as a result. They can range from 6 months in jail and $500 fines to 10 years in jail and $10,000 fines in Louisiana.
Answer Applies to: Louisiana
Replied: 5/5/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
That would depend on your criminal history and the seriousness level of your crime. In Washington, you can go town to the law library and look at the Adult Sentencing Manual and determine what your exact sentence range you would have on conviction.
Answer Applies to: Washington
Replied: 4/29/2011
Law Office of Cotter C. Conway
Law Office of Cotter C. Conway | Cotter C. Conway
According to Nevada law, use of the personal identifying information of another ("Identity Theft") has a penalty ranging from 1 year to 20 years in the Nevada Department of Prisons but the minimum sentence can start at as high as 7 years depending on the particular facts of the case. The prosecution is obligated to provide the proof that you used the personal identifying information of another including, but not limited to, where the identity was used.
Answer Applies to: Nevada
Replied: 4/29/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It is a felony punishable by a maximum of five (5) years in prison. However, your sentencing range or sentencing guidelines will be determined on your past record. Without knowing your entire criminal history, it is impossible to tell what your range would be.
    Answer Applies to: Michigan
    Replied: 4/28/2011
    Lisa Mulligan Law Offices, LLC
    Lisa Mulligan Law Offices, LLC | Lisa Mulligan
    There are two different degrees of seriousness for identity theft, so I'd need to know a little more about the allegations in order to give you the proper range - however, I can tell you that (with no prior felony convictions), a person will face either a range of 0-90 days or 3-9 months.
    Answer Applies to: Washington
    Replied: 4/27/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    It will depend upon how it is charged. Usually it is charged as a "D" Felony which can carry as much as seven years in jail or as little as Probation and six months. Consult with an experienced criminal defense lawyer right away.
    Answer Applies to: New York
    Replied: 4/27/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    The sentencing range for identity theft cannot be calculated on the information provided. Only be knowing the Offense Variable and the Prior Record Bariable can the minimum sentence guideline range be calculated. You should address this question to your attorney. If in need of an attorney, you may contact me to discuss representation and fees.
    Answer Applies to: Michigan
    Replied: 4/27/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    This is a difficult question to answer. The sentencing range can depend on whether the charge is a state charge or a federal charge. Additionally, the amount involved in the identity theft, if any amount is involved may determine the classification of the offense, and therefore impact the range of punishment that can be imposed. Finally, the range of punishment as well as whether the possible punishment is incarceration as opposed to a suspended sentence may be affected by the person's prior criminal record.
    Answer Applies to: Alabama
    Replied: 4/27/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The sentencing ranges for criminal convictions in Kansas depends entirely upon the specific Statute of conviction coupled with the defendant's personal criminal history. These factors are used to locate a particular grid box on the State sentencing grid form. So your question cannot be answered effectively without more information.
    Answer Applies to: Kansas
    Replied: 4/27/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If you know the actual code sections or the charge[s] filed, then you can look them up in the CA Penal Code volumes at a law library, or online.

    You'll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can change or add charges at any time after arrest. If charged with a felony, you potentially face one or more years in prison if convicted; on a misdemeanor, you potentially face up to 6-12 months in jail on each count. Multiple counts and charges just make your situation worse, of course. If you have priors, they are penalty enhancements under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, facts, evidence, documents, reports, testimony, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts and evidence.

    Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 4/27/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need to know the exact charge(s) and amount of money involved and other details since the range would be different depending on these things.
    Answer Applies to: New York
    Replied: 4/27/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The crime of Identity Theft in Colorado is a class 4 felony charge. A class 4 felony carries a potential penalty of between 2 and 6 years in prison, followed by two years of parole, and / or a fine of between $2,000 and $500,000. Of course, a part of any resolution of such a case will likely include restitution, to repay the alleged victim for the losses suffered.
    Answer Applies to: Colorado
    Replied: 4/27/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The potential penalties for "identity theft" under Minnesota Statutes 609.527 vary broadly depending on the nature of the theft and the amount of the financial loss, if any. It may be punishable by up to 5 yeas in prison and a $10,000 fine.
    Answer Applies to: Minnesota
    Replied: 4/27/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    638:26 Identity Fraud. - I. A person is guilty of identity fraud when the person:
    (a) Poses as another person with the purpose to defraud in order to obtain money, credit, goods, services, or anything else of value;
    (b) Obtains or records personal identifying information about another person without the express authorization of such person, with the intent to pose as such person;
    (c) Obtains or records personal identifying information about a person without the express authorization of such person in order to assist another to pose as such person; or
    (d) Poses as another person, without the express authorization of such person, with the purpose of obtaining confidential information about such person that is not available to the general public.

    II. Identity fraud is a class A felony.

    III. A person found guilty of violating any provisions of this section shall, in addition to the penalty under paragraph II, be ordered to make restitution for economic loss sustained by a victim as a result of such violation. Penalties for A felony range up to 7.5-15 years and $4,000 fine. There is no mandatory minimum.
    Answer Applies to: New Hampshire
    Replied: 4/27/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    In the past, instead of identity theft, I have previously had clients charged with theft by deception, which could increase in penalty with the amount of money stolen. However, it looks like now Alabama has an identity theft section that is a C felony. The range of time of incarceration is one year and one day up to ten years for a C felony. Stay well.
    Answer Applies to: Alabama
    Replied: 4/26/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    The sentencing range will depend upon the specific charge of identity theft that the prosecutor files, as well as whether it is charged as a misdemeanor or a felony. Typically, if it is a misdemeanor offense, the charge will carry a one year maximum in county jail. If it is a felony, it will typically carry a three year maximum in state prison. Again, the sentence range will depend on the specific charge that is filed. Please be mindful that these sentence ranges are not an indication of what a person will actually be sentenced to, if convicted. They are simply a statement of the maximum sentences.
    Answer Applies to: California
    Replied: 4/26/2011
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