In the state of Minnesota, IDENTITY THEFT is a crime. If you or someone you know is facing criminal charges, please contact criminal defense attorney Ryan Garry as soon as possible. Often, time is of the essence! Attorney Ryan Garry has over 45 years of experience defending those accused of crimes, and he has successfully defended those accused of Identity Theft in Minnesota since it became a crime there. Call attorney Ryan Garry as soon as possible to obtain the most favorable outcome for your criminal case.
Identity Theft is defined by Minnesota Statute 609.527, Subdivision 2 as follows: “A person who transfers, possesses, or uses another person’s identity with the intent to commit, aid, or abet any unlawful activity is guilty of identity theft.”
The criminal penalties for Identity Theft are contingent on a number of variables. How many identities were taken? What function did the identity serve? How much damage did the victim(s) endure? How many individuals were involved in the identity theft? And, of course, what is the criminal history of the defendant?
Misdemeanor Identity Theft: Defendant will likely be charged with a Misdemeanor if the Identity Theft charge(s) involve a single direct victim and the total loss to the direct victim is $250.00 or less. Maximum penalties for misdemeanor identity theft include up to 90 days in jail and/or a $1,000 fine. In the majority of cases in which there is a single direct victim of identity Theft and the total loss to that victim is between $250 and $500, the prosecutor will charge the case as a Gross Misdemeanor. Maximum penalties for Gross Misdemeanor Identity Theft include 365 days in jail and/or a $3,000 fine.
The severity of the penalties increases in proportion to the gravity of the offense. For instance, if there are two or more victims or if the total loss to the victim(s) is greater than $500 but less than $2,500, the defendant may be charged with Felony Identity Theft and sentenced to a maximum of five years in prison and a maximum fine of $10,000.
If there are more than three but fewer than seven victims of Identity Theft, or if the total loss to the victim(s) exceeds $2,500, the perpetrator may be charged with a more serious Felony. In this scenario, the maximum possible sentence would be imprisonment for no more than ten years, a fine of no more than $20,000, or both.
If there are eight or more victims or if the loss to the victim(s) exceeds $35,000, the defendant will be charged with a Felony of the highest degree. If convicted, the defendant could face up to twenty years in prison and/or a fine of up to one hundred thousand dollars. Regardless of the severity of the criminal charge, an individual convicted of Identity Theft will be placed on probation for a number of years. The exact number depends on the nature of the alleged crime and other factors (such as the defendant’s criminal history).
Stress. Stress is one of the negative effects of a criminal charge for the majority of people. The truth is that a criminal charge causes stress for the accused as well as the accused’s family and friends. The anxiety stems from ignorance of the legal procedure, rules, and court appearances, as well as embarrassment, feelings of shame, and anxiety regarding the outcome of the criminal case.
Employment/Employment Prospects are harmed. A criminal conviction may allow an employer to fire an employee under Minnesota law. In addition, criminal convictions are typically requested on employment applications and would undoubtedly be revealed by a background check.
Probation/Violations of Probation
A person convicted of identity theft will be placed on probation by the court. Probation can be intensive or non-intensive and is accompanied by travel restrictions and other restrictions. If a person charged with Identity Theft is already on probation for another criminal conviction, then the Identity Theft conviction could result in probation violations on any other cases for which the individual is currently on probation.
What are some identity theft defenses?
All criminal cases must be defended if the defendant is to have any chance of a favorable outcome. There is occasionally a specific defense that can be raised during the legal process. For instance, there may be a defense if identity information was not used for an illegal purpose. There may be a defense if the identity information was used without any criminal intent. There may be a defense if the defendant was the victim of mistaken identity or false accusations. The defendant is presumed innocent in all criminal cases, and the state must prove the defendant’s guilt beyond a reasonable doubt using only admissible evidence.
Ryan Garry is a criminal defense attorney with over 40 years of experience handling all types of criminal cases. Since Identity Theft became a crime in Minnesota, he has defended those accused of the offense. Attorney Ryan Garry makes it his business to understand the tendencies of judges and prosecutors. Ryan Garry is a criminal defense attorney who knows the law, the available defenses, and the best way to resolve your case. Contact Ryan Garry regarding your Identity Theft case for a FREE CONSULTATION.