Navigating identity fraud laws in Massachusetts is vital for those accused of this crime. Explore the legal implications and potential consequences of these charges. Find out how expert legal guidance can help individuals facing identity theft and fraud charges.
| Aspect | Importance |
| Identity fraud definition | Unauthorized use of personal information |
| Legal elements of identity fraud | Impersonation, lack of consent, intent to deceive |
| Consequences of identity theft charges | Severe fines, jail time, federal charges |
| Defenses against identity theft charges | Authorization, lack of intent, mistaken identity |
| Related offenses | Forgery and uttering false records |
| Importance of seeking legal advice | Expert guidance in navigating identity fraud cases |
What are the consequences of identity theft charges in Massachusetts?
Under state law, people accused of identity theft in Massachusetts may face fines of up to $5,000, up to 2.5 years in prison, or both.
Why is getting help from an experienced attorney necessary in criminal cases involving identity theft?
Seeking assistance from an experienced attorney is crucial to mount a strong defense, navigate complex legal issues, and protect the rights of the accused when facing identity fraud charges.
Chapter 266 Section 37E of the Massachusetts General Laws governs identity fraud.
Identity fraud encompasses a variety of offenses that are all related to the use of someone else’s personal identifying information without their consent to fraudulently obtain something of value.
To secure a conviction on the charge of identity fraud in Massachusetts, a prosecutor would have to demonstrate beyond a reasonable doubt that the accused did the following:
What constitutes a gain of something of value in Massachusetts includes but is not limited to the following:
Identity theft charges are frequently directly connected to credit card, immigration, and employment fraud. Identity theft increasingly involves using technology to access others’ personal identifying information and carry out the crime.
Generally, the Commonwealth of Massachusetts would have to demonstrate that the accused person fraudulently represented themselves as someone else, directly or indirectly, without their consent. To represent themselves as someone else, the accused will have used one or more of a variety of forms of personal identification of that person, such as:
Identity theft is a serious crime in Massachusetts, regardless of how the accused allegedly used the fraudulent identity. Under state law, using someone else’s identity for any purpose is illegal. However, when an individual is accused of using a fake or fraudulent identity to commit a crime, the consequences are far more severe.
Individuals found guilty of identity theft in Massachusetts could face thousands of dollars in fines, years of jail time, and other lifelong consequences.
State law allows people convicted of identity fraud in Massachusetts to face the following penalties:
Penalties for identity fraud aren’t limited to either a fine or jail time. The state permits convicted offenders to face both fines and imprisonment.
State laws and penalties may not be the only concern for an individual who has been accused of identity fraud. Identity theft is frequently prosecuted as a federal offense.
Facing federal charges may mean confronting additional penalties. Under 18 U.S. Code § 1028A of federal law, which deals with aggravated identity theft, the accused may face a two-year term of imprisonment if convicted of using someone else’s identity to commit a felony or a five-year term if convicted of a terrorism offense. These prison terms don’t count the jail time a person is sentenced to in connection with the offense for which they allegedly used a fraudulent identity.
Not all alleged identity theft instances in Massachusetts necessarily give rise to federal charges. However, one doesn’t have to be tried for identity theft at the federal level to face serious consequences.
Even at the state level, crimes like identity theft and identity fraud may be strictly prosecuted and punished harshly. That’s true of the Commonwealth of Massachusetts and certain other states.
Individuals charged with identity theft at the state level only in Massachusetts could still suffer fines of thousands of dollars. They may go to jail for as long as two and a half years. Being charged with identity theft is life-altering, even if no federal charges are filed.
Individuals charged with identity theft or fraud in Massachusetts or at the federal level need to know that charges do not equal a conviction. There are some possible defenses against charges of identity theft. By skillfully employing such defenses and backing up these arguments with evidence, the defense attorney of the accused can minimize the penalties for the offense or convince a jury to acquit the individual facing charges.
Among the defenses used in charges of identity theft include the following:
A traditional defense of mistaken identity is that the person accused of the crime was not the one who stole the victim’s identity. To convict the accused, the prosecution would need to establish that theft happened and/or that the accused was the one who committed the act.
Suppose no proof exists to tie the individual who was mistaken for someone else to the illegal acquisition of or use of the other person’s identifying information. In that case, there may not be sufficient evidence to convict the person facing identity theft charges.
Identity theft or identity fraud may not be the only charges the accused is facing. In Massachusetts, two of the offenses most closely related to identity fraud include:
An experienced defense lawyer can help individuals accused of identity theft, forgery, counterfeiting, and other crimes build a defense that affords them the best possible chance of a favorable outcome.
Consulting an experienced attorney is essential when facing identity theft charges.
Having a legal professional on one’s side during a matter involving criminal charges can protect the legal rights of the accused. Drawing upon their expert guidance, the attorneys at Riccio Law can build a strong defense for their clients.
Defendants who are left to figure out their legal options without skilled, dedicated defense attorneys on their side may struggle to understand and preserve their rights. Without extensive knowledge of law and the legal system, they may have a hard time crafting a compelling argument in their favor. Their financial well-being and even their freedom could be at risk.
Understanding identity fraud laws in Massachusetts is crucial when accused of this offense. Recognize the legal elements, potential consequences, available defenses, and related offenses.
For those accused of identity theft, the first step toward safeguarding their legal rights is to seek legal advice from an experienced attorney.
If you are facing identity fraud charges in Massachusetts, contact Riccio Law for expert legal assistance. Our experienced attorneys can help you navigate the legal complexities, build a strong defense, and protect your rights.
