Identity theft is fraudulently using another person’s identifying and/or financial information. Identity theft is a serious crime in Washington State. Our Seattle criminal defense attorney discusses the crime of identity theft in this blog, including the potential consequences you could face for a conviction.
Understanding the Crime of Identity Theft in Washington State
Identity theft is a form of theft. It is defined in RCW §9.35.020 as knowingly obtaining, using, possessing, or transferring someone’s identification or financial information with the intent to commit, abet, or aid a crime. It does not matter whether the person whose information is stolen is dead or alive. The crime would still be the same.
Examples of types of financial or identification information subject to the crime of identity theft include, but are not limited to:
- Driver’s license number
- Name
- Address
- Birthday
- Social Security Number
- Credit card numbers
- Medical insurance information
- Bank account numbers
- Photographs
- Electronic identification numbers
Thieves use the information they steal for numerous reasons. They may open credit accounts and loans in the person’s name. They could create a new identity and sell it to someone. A thief may open utility accounts in the person’s name or use the identity to purchase items, including cell phones, electronic devices, firearms, etc. A stolen identity may be used to sell someone’s property by signing a deed or certificate of title.
Two Types of Identity Theft Defined by Washington Law
Washington law identifies two types of identity theft.
Identity Theft in the First Degree
If the person uses the information to obtain money, credit, services, goods, or anything worth more than $1,500, they are charged with first-degree identity theft. The charge is a class B felony. Convictions can result in a maximum fine of $20,000 and/or up to ten years in state prison.
Identity Theft in the Second Degree
If the person uses the stolen information to obtain goods, money, services, credit, or anything valued at less than $1,5000, they are charged with second-degree identity theft. The charge is a class C felony. Convictions can result in a maximum fine of $10,000 and/or up to five years in state prison.
Techniques Commonly Used by Identity Thieves
Identity thieves have become very clever. They use numerous techniques to steal someone’s information. Common techniques used by identity thieves to steal information include:
- ”Dumpster Diving” – This term refers to thieves searching for information through someone’s trash. However, thieves may also check mailboxes or divert mail to obtain information.
- Search Public Records – New laws limit some of the personal identifying information that someone can access as public records. However, a lot of information is still available for free if you know where to search for it.
- Technology – Identity thieves use technology to their advantage. They may use pharming, phishing, wardriving, malware, spyware, and viruses to obtain information from computers and networks.
- Scams – Thieves may call people or come to their homes pretending to be someone else to trick them into providing their personal information.
Victims of identity theft have numerous federal and state resources. They should report the identity theft and then take steps to recover from the damage caused by identity theft.
Legal Consequences of Identity Theft in Seattle
If you are convicted of identity theft in Washington, you face up to at least a decade in state prison and thousands of dollars in fines. In addition, you have a felony criminal history that can negatively impact your legal rights, including your ability to get a job and find a place to live. You may also be required to pay civil damages, which could total the greater of $1,000 or the amount of the victim’s actual loss. The victim’s loss includes the costs to repair their credit record and reasonable attorneys’ fees.
Defending Identity Theft Charges: Possible Strategies
The potential legal defenses to identity theft depend on the facts and circumstances of your case. However, some possible defense strategies include:
- Lack of Intent – The prosecution must prove that you intended to obtain financial and/or personal information to commit a crime. Your attorney may argue that your actions constitute a mistake because you did not intend to commit a crime.
- Unlawful Search and Seizure – Your attorney may file a motion to suppress evidence if law enforcement obtained evidence through an illegal search and seizure. With evidence, the prosecution might not be able to prove their case.
- Mistaken Identity – The police officers might have the incorrect person because the victim is mistaken or the officers made a mistake in their investigation.
False allegations of identity theft can ruin your life. You need a skilled criminal defense lawyer to fight to protect your rights in court. Even if you are innocent, do not rely on the criminal justice system to treat you fairly or to come to a just conclusion.
How a Criminal Defense Attorney Can Help in Identity Theft Cases
A Seattle criminal defense attorney can help in identity theft cases in many ways. Examples of why you need to hire a criminal defense lawyer in Seattle include:
- Explain your legal rights and how identity theft laws apply in your case
- Investigate the criminal charges against you to gather evidence for your defense
- Analyze the state’s evidence against you, including looking for ways to create reasonable doubt, suppress evidence, or dismiss the charges
- Represent you during all court hearings
- Negotiate with the prosecutor to reduce the charges and penalties as part of a plea agreement
- Develop an effective defense strategy that gives you the best chance of winning your case
Allegations of identity theft involve complex criminal laws. Cases may involve allegations of elaborate schemes and the use of highly sophisticated technology. Criminal defense lawyers have the resources to hire expert witnesses to assist in the defense of your case.
The Pressing Need to Consult a Seattle Criminal Defense Attorney if Charged With Identity Theft
Don’t wait until after you are arrested to seek legal counsel. If you suspect you are under investigation for fraud or identity theft, contact Jennifer immediately. The sooner you seek legal advice, the better prepared you are to fight identity theft charges.