New Brunswick NJ Identity Theft Defense Lawyer
Wrongful Impersonation Defense Attorneys in Edison, New Jersey
Due to society’s ever-increasing dependence upon technology along with the increasing speed of finding and passing personal data, new avenues for theft have developed that would have been unheard of even decades ago. Identity theft has always existed, yet has evolved in the information age and become epidemic. This crime occurs when an individual uses the personal information of another person in order to obtain monetary gain or some other type of benefit. An increasing number of people conduct banking transactions on the Internet, shop online, and perform a variety of economic transactions via unsecured Internet networks. All of these activities have left people susceptible to identity theft. It is for this reason that defendants are often also charged with Credit Card Fraud, Conspiracy, Theft by Deception, Forgery, and Receiving Stolen Property, on top of Wrongful Impersonation when convicted of identity theft. Due to the fact that the victims of identity theft often suffer grave consequences, the penalties for identity theft offenses are very serious and include a considerable amount of incarceration, restitution, and probation. Despite the gravity of the offense and depending upon the particular facts of the case at hand, our criminal defense lawyers are often able to work with the Middlesex County Prosecutor’s Office to secure our clients’ admittance into Pre-Trial Intervention so that they can avoid a criminal conviction altogether upon successful completion.
At the Law Offices of Proetta & Oliver, our lawyers represent clients charged with identity theft throughout Middlesex County and New Jersey including Edison, Woodbridge, Carteret, Jamesburg, Cranbury, South Brunswick, and North Brunswick. To speak with an experienced identity theft defense attorney to build a case strategy customized to meet your needs, contact our Edison office at 732.659.9600 for a free consultation.
New Jersey Identity Theft Law N.J.S.A. 2C:21-17
An individual may be charged under N.J.S.A. 2C:21-17, Theft of Identity, if he or she:
1) Impersonates or assumes the false identity of another and does an act in such character for the purpose of obtaining a benefit or to injure or defraud another person.
2) Pretends to be a representative of some person or organization and does an act for the purpose of obtaining a benefit or to injure or defraud another.
3) Impersonates another individual, takes a false identity, or makes a false or misleading statement regarding the identity of any person, in an oral or written application for services, for the purpose of obtaining any services.
4) Obtains any personal identifying information, without permission, about another individual and then uses the information, or assists another person in utilizing the information in order to take the identity of another individual, for the purpose of fraudulently obtaining or attempting to obtain a benefit or services, or to avoid paying a debt or another legal obligation or to avoid prosecution of a crime.
5) Impersonates another person, assumes a false identity or makes a false or misleading statement, in the course of making an oral or written application for services, with the purpose of avoiding payment for prior services.
Degrees and Penalties for NJ Identity Theft Charges
Identity theft is a very serious offense and a conviction of this offense could result in very serious penalties, including up to 20 years of incarceration and restitution to the victim. According to 33 NJPRAC § 17.6, restitution can include the cost of repairing the victim’s credit, or the costs associated with a civil or administrative proceeding to satisfy a debt, lien, or other obligation which arose out of the fraudulent action.
Under N.J.S.A. 2C:21-17, Theft of Identity, the grading of identity theft offenses is as follows:
|2nd Degree Identity Theft||More than $75,000 or more than 5 victims||5 – 10 years in state prison; presumption of incarceration|
|3rd Degree Identity Theft||$500 – $75,000 or 2 – 5 victims||3 – 5 years in state prison|
|4th Degree Identity Theft||Loss is under $500 – 1 victim||Up to 18 months in prison|
Arrested for Identity Theft in Middlesex County?
Identity theft cases often involve numerous defendants who have coordinated within a larger scheme. Oftentimes, these individuals are computer hackers, handlers who actually purchase the goods, and fencers to launder the money and stolen goods. These cases typically involve numerous victims. Furthermore, the FBI will usually get involved because the financial transactions cross state lines. For these reasons and others, identity theft cases can be become very difficult and complicated due to voluminous amounts of transactional discovery. These cases take years to litigate. If the U.S. Attorney’s Office chooses to prosecute the case, the stakes become even greater because federal sentencing is much more severe than sentencing at the state level. Our founding attorney, Will Proetta has successfully handled a wide array of criminal and municipal court charges such as identity theft and fraud during his career. Our firm represents clients for criminal charges throughout New Jersey including Highland Park, Piscataway, Old Bridge, Sayreville, Perth Amboy, and Plainsboro. If you or your loved one has been arrested for identity theft then contact our office, conveniently located in Edison, to speak with an experienced identity theft defense lawyer at 732.659.9600 for a free consultation.