Minneapolis Identity Theft Lawyer
IDENTITY THEFT is a crime in the State of Minnesota. If you, or someone you know is charged with a crime, please call criminal defense lawyer Barry McKee immediately. Time may be of the essence! Attorney Barry McKee has over 45 years experience defending people charged with crimes, and he has successfully defended those charged with Identity Theft since it became a crime in Minnesota. Get the best outcome to your criminal case by calling attorney Barry McKee now.
What is Identity Theft?
Minnesota Statute 609.527, Subdivision 2 set out the crime of Identity Theft this way: “A person who transfers, possesses, or uses an identity that is not the person’s own, with the intent to commit, aid, or abet any unlawful activity is guilty of identity theft.”
What are the Criminal Penalties for Identity Theft?
The criminal penalties for Identity Theft depend on a few factors. How many identities were taken? For what purpose was the identity used? How much loss was did the victim(s) suffer? How many persons were involved in the theft of the identity? And, of course, what is the prior record of the defendant in the case?
Misdemeanor Identity Theft:
As a general rule, if the Identity Theft charge(s) involve a single direct victim and the total loss to the direct victim is $250.00 or less, then defendant will probably be charged with a Misdemeanor. Misdemeanor Identity Theft is punishable by a maximum sentence of up to 90 days jail and/or $1000 fine.
Gross Misdemeanor Identity Theft:
In most cases where there is a single direct victim of identity Theft and the total loss to that victim is between $250.00 and $500.00 then the prosecutor will charge the case as a Gross Misdemeanor. Gross Misdemeanor Identity Theft is punishable by a maximum penalty of up to 365 days jail and/or a $3000 fine.
Felony Identity Theft
Felony Identity Theft Penalties are more severe and increase in degree with the severity of the crime. For example, where the Identity Theft involves two or three victims, or where the total loss to the victim(s) is more than $500.00 but less than $2,500, the defendant may be charged with Felony Identity Theft and punished by a sentence of up to 5 years in prison and up to a $10,000.00 fine.
In situations where the Identity Theft involves greater than three but less not more than seven victims, or if the total loss to the victim(s) is more than $2,500, the person may be charged with a more serious Felony. The maximum possible sentence in this scenario would be imprisonment for not more than ten years or payment of a fine of not more than $20,000, or both.
If the offense involves eight or more victims, or if the loss to the victim(s) is more than $35,000, the defendant will be charged with a serious Felony. Under these circumstances, if convicted the defendant could potentially be imprisoned for up to 20 years and/or required to pay a fine of not more than $100,000.00.
Irrespective of the level of criminal charge, a person sentenced in an Identity Theft case will be placed on probation for a number of years. The exact number depends on the nature of the crime being charged and other circumstances (like the person’s criminal record).
What are the non-criminal penalties of being charged with Identity Theft?
Stress. For most people, one of the nasty consequences of any criminal charge is stress. The truth is that a criminal charge stresses out the person accused of the crime and that person’s family and friends as well. The stress comes from not knowing the legal process, rules and, court appearances, embarrassment and feelings of shame, and fear about what the outcome of the criminal case will be.
Harm to Employment/Employment Prospects. Under Minnesota law, an employer may be able to fire an employee because of a criminal conviction. In addition, criminal convictions are usually asked for on job applications and would certainly show up on any background check.
Probation/Probation Violations. The court will order someone convicted of Identity Theft to be placed on probation. Probation can be intensive or non-intensive and carry with it travel and other restrictions. If a person charged with Identity Theft is already on probation for another criminal conviction, then the conviction could trigger probation violations on any other cases for which the person is currently on probation.
What are the defenses to Identity Theft?
All criminal cases need to be defended if there is going to be any chance at a good outcome for the defendant. Sometimes there is a specific defense that can be raised in the course to the legal process. For example, if identity information was not used for an illegal purpose there may be a defense. If the identity information was used but there was no criminal intent, there may be a defense. If the defendant was the victim of mistaken identity or false accusations, there may be a defense.
In all criminal cases the defendant is presumed innocent, and the state must prove the guilt of the defendant beyond a reasonable doubt using only legally admissible evidence.
Why you should contact Minnesota Identity Theft Attorney Barry McKee?
Barry McKee is a criminal defense lawyer with over 40 years experience handling all types of criminal cases, and he has defended those charged with Identity Theft since it became a crime in Minnesota. Attorney Barry McKee makes it his business to know the judges and prosecutor’s tendencies. Barry McKee is a criminal lawyer who knows the law, the defenses, and how to resolve your case in the most favorable way possible for you. Contact Barry McKee for A FREE CONSULTATION on your Identity Theft case.