Identity theft cases can be highly fact-intensive which require a skilled attorney with a wide range of knowledge to effectively defend a client. The Barkemeyer Law Firm is experienced in handling these types of criminal cases.
Identity Theft Defined
Identity theft is the intentional use or possession or transfer or attempted use with fraudulent intent by any person of any personal identifying information of another person to obtain, possess, or transfer, whether contemporaneously or not, credit, money, goods, services, or anything else of value without the authorization or consent of the other person.
Identity Theft Lawyer in New Orleans
Identity theft is a theft case that is regulated by the various laws and regulations in Louisiana. It is the intentional possession, use, attempted use or transfer of someone else’s personal identification information without the owner’s consent to commit fraud or engage in other criminal activity. An identity fraud charge can be filed when a person uses the information that is used to personally identify another person to carry out a criminal act.
Identity theft can also be described as illegally possessing information such as name, date of birth, social security number, phone number, contact address, email address, credit card number or other financial information with the intent to carry out a criminal or unlawful act. Hundred percent of the time, identity theft is carried out with a fraudulent intent to obtain goods, credit, money or services.
This criminal act is common in society because is quite easy to get a person’s personal information. We all have our personal information on the computer and online, anyone can easily log onto your profile online and adapt some personal information to use for an identity theft crime. A person whose laptop is stolen can be a victim of identity theft because it is common for people to have their personal information and financial information stored up in their computer. In this case, the criminal can easily source for the victim’s personal and financial information to commit a financial crime against the victim or steal the victim’s personal information to commit a crime.
A person’s identity can be stolen just for the criminal to pose as the victim. While the most common cases of identity theft are a criminal act with another person’s credit card number to make payments for goods and services, there are also cases of huge financial crimes that call for extensive documentation. No matter what degree of identity theft case in Orleans and New Orleans, Louisiana, every case is met with the attached punishment. The only way to avoid not getting into a worse situation with an identity theft criminal case is to hire an identity theft lawyer in New Orleans. This way, you stand a chance for a positive outcome from your case.
Instances of Identity Theft in New Orleans
Any action carried out using another person’s personal or financial information without their consent is deemed unlawful. A person can be charged for identity theft if he or she obtains information used in identifying another person. The kind of information here are those that can grant access to an individual’s financial resources or identification documents.
When you obtain goods and services using someone else’s identity, you are charged for identity theft. Having documents using another person’s name or identifying information can get you an identity theft charge. Also, obtaining employment with another person’s identity or identifying information is a criminal act that can get you convicted for identity theft.
How Can One’s Identity Be Stolen?
Your identifying information is something to be kept personal and not to be out in the faces of everyone. Anyone can have access to your identity if they obtain your personal information. Your identity can be stolen in several ways including:
Mail Theft: access to your personal and financial information can be gotten from your mailbox. Mail theft can expose your credit card statements, pre-approved credit card offers, bank statement, and your account information.
Robbery: This is the act of physically stealing another person’s personal identifying information such as social security number, driver’s license, credit card, etc.
Computer fraud: this is the most common way through which people steal another person’s identity. The internet/world wide web allows for different information to be put on the internet, meanwhile, some computer fraudsters take to hacking this information out. So, through hacking or computer fraud, an individual’s personal information can be stolen.
Phishing: some individuals pose a legitimate business only to scam others of their personal information.
Dumpster Diving: this is the act of rummaging through another person’s trash can to find their personal information or financial information to commit a criminal act.
Penalties for identity theft
Identity theft is a felony offense in Orleans. The severity of the penalty depending on the value of the crime done and the age of the victim. The higher the amount or value of the goods, services, or money obtained from the crime, the higher the penalty. Identity theft crime against a child under the age of 17 and an elder over the age of 60 attracts a higher charge in Orleans Parish and New Orleans, Louisiana.
Anyone who commits an identity theft involving money, goods, services, credit, or any valuable item totaling less than $300 faces a 6 months sentence, with a payable fine of up to $500. If the crime is done against a child under 17 years or an elder over 60 years, the offender faces a sentence of 1 year in prison.
If the value of the crime is between $300 and $500, the offender faces a five-year prison time or a fine of up to $3,000 or both. An identity theft worth between $500 to $1,000 attracts a prison time of not more than 5 years or a payable fine of $5,000. If the crime is above $1,000, the criminal faces up to 10 years sentence or a fine of $10,000 or both.
What to do if charged with an identity theft crime
In any criminal case that you find yourself, including identity theft, your defense attorney is our friend. If you get charged with identity theft in Orleans, you must reach out to an identity theft lawyer in Orleans. An experienced identity crime attorney knows the best possible way to help you through your case. He will take to analyzing and mapping out a defense strategy that can work best for your case.
Contact the Barkemeyer Law Firm
We are identity theft lawyers in Orleans who are all about helping his clients get a better ground on their criminal cases. He will stand with you all the step of the way and aggressively defend your case.
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170