Those facing federal identity theft charges must take them seriously. Federal charges often carry strict penalties and can create a permanent record. In this sense, they can have an impact on the rest of a person’s life, including their future employment options. As such, it is critical that they understand the charges they are facing, the potential ramifications and their legal defense options at this time.
One of the main federal laws that criminalizes identity theft is 18 U.S.C. § 1028. This has to do with the creation or possession of documents for the purpose of identity theft or fraud. Examples include possessing, using or making fake IDs, producing false government documents and intentionally stealing someone’s identity, often for the purpose of financial gain.
What type of documents are included?
Any official identifying documents that are issued by the government may be included under this law. Examples include a military ID, a driver’s license, a passport and other such documentation. It is illegal to possess these documents, create or manufacture them, transfer them to another party or use them unlawfully, such as using the documentation to access financial accounts.
What are the potential penalties?
Penalties do vary from one offense to the next, depending on the specific documents in question and how they were used. The value of the activity can also play a role, especially when it exceeds $1,000 in a calendar year.
Someone who is convicted on federal charges faces fines and fees for producing or transferring these documents, with the maximum prison term of up to five years. If other criminal activities are involved, such as drug trafficking, then the maximum prison sentence may increase to 20 years. If there are charges of terrorism related to identity theft, then the maximum prison sentence increases to 30 years.
Potential defense options
In some cases, defense options involve issues with evidence, such as insufficient evidence to prove that the crime occurred. There may also be issues with how the evidence was gathered, such as if police conducted an illegal search of a home, an office or an electronic device.
Although ignorance of the law itself is often not a defense, a person may be able to claim a lack of intent or lack of knowledge that they were committing a crime to begin with. An example could be someone who is found in possession of a federal ID that turns out to be fake, but they had no prior knowledge that it was fake when it was given to them.
If you are facing such charges, it is critical that you understand all of the legal defense options at your disposal, and it can help to work with an experienced attorney in Sacramento, California.