- Without express or implied consent,
- Using, obtaining, or possessing personal identification information,
- With the purpose of misrepresentation as that person.
As an affirmative defense, a person accused of identity fraud must prove that they were using the personal identifying information in accordance with a legally recognized guardianship, or conservatorship, or as a trustee, or fiduciary. To inquire about other mitigating circumstances, please contact an attorney.
Identity fraud is generally a felony of the fifth degree, but there are elevating and mitigating factors including the value of the property used. As a fifth-degree felony, if a court finds a defendant guilty of identity fraud, they can impose a penalty of 6-12 months in prison and a fine of up to $2,500.
At Funkhouser Law, from the moment a client walks through the door, we presume that they are innocent until proven guilty in a court of law. As such, we work hard to accomplish the most favorable outcome for each of our clients. If you have been accused of identity fraud, please call Funkhouser Law for a free consultation with an experienced, peer-rated lawyer.