Lexington Identity Theft Defense Attorney
The first thing you need to do after you’ve been arrested for identity theft, is to call a Cooley, Iuliano, Robey PLLC white collar crime attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.
Our skilled identity theft defense attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they pursue their identity theft case against you. Our identity theft law firm and identity theft attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.
What is identity theft?
According to federal law, an identity thief is a person found guilty of knowing, and in an unlawful manner, possessing or using the current or former identity of another. Identity fraud basically means stealing someone else’s personal identification information. It can be an ID, their Social Security number, information from bank accounts, email address, telephone number, their regular address, credit card information, driver’s license, even their birth date.
Identity thieves use those IDs for depriving the other person of their property, their money, funds, benefits, or even for avoiding detection. It is also a crime to use another person’s identity for commercial or political benefits.
If you are being accused of an Identity Theft charge, finding experienced professionals like Lexington KY criminal defense attorney or an Identity Theft lawyer immediately after your arrest is where you should start in taking control of your future.
Have you been charged with identity theft?
Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!
If you have been charged with identity theft, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.
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Types of Identity Theft Charges & Penal Codes in Kentucky
White collar crimes in Kentucky are non-violent offenses that involve fiscal matters such as fraud, money laundering, tax evasion, insider trading, identity theft and others, normally carried out by people in business or government. Being accused of a white collar crime is enough to ruin your reputation and your livelihood, which is why you would want a white collar crime lawyer as soon as you’re accused.
(1) A person is guilty of the theft of the identity of another when he or she knowingly possesses or uses any current or former identifying information of the other person or family member or ancestor of the other person, such as that person’s or family member’s or ancestor’s name, address, telephone number, electronic mail address, Social Security number, driver’s license number, birth date, personal identification number or code, and any other information which could be used to identify the person, including unique biometric data, with the intent to represent that he or she is the other person for the purpose of:
(a) Depriving the other person of property;
(b) Obtaining benefits or property to which he or she would otherwise not be entitled;
(c) Making financial or credit transactions using the other person’s identity;
(d) Avoiding detection; or
(e) Commercial or political benefit.
(2) Theft of identity is a Class D felony. If the person violating this section is a business that has violated this section on more than one (1) occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300.
(3) This section shall not apply when a person obtains the identity of another to misrepresent his or her age for the purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors.
(4) This section does not apply to credit or debit card fraud under KRS 434.550 to 434.730.
(5) Where the offense consists of theft by obtaining or trafficking in the personal identity of another person, the venue of the prosecution may be in either the county where the offense was committed or the county where the other person resides.
(6) A person found guilty of violating any provisions of this section shall forfeit any lawful claim to the identifying information, property, or other realized benefit of the other person as a result of such violation.
If you or someone you care about has been charged with an identity theft charge in Kentucky, contact our reputable criminal defense lawyers or identity theft defense lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of trafficking in stolen identities when he or she manufactures, sells, transfers, or purchases, or possesses with the intent to manufacture, sell, transfer, or purchase the personal identity of another person or persons for any purpose listed in KRS 514.160(1). The personal identity of an individual includes any of the identifying information described in KRS 514.160(1).
(2) Possession of five (5) or more separate identities shall be prima facie evidence that the identities are possessed for the purpose of trafficking.
(3) Trafficking in stolen identities is a Class C felony. If the person violating this section is a business that has violated this section on more than one (1) occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300.
If you or someone you care about has been charged with an identity theft charge in Kentucky, contact our reputable criminal defense lawyers or identity theft defense lawyers as soon as possible by calling 859-636-6803.
Penalties in Identity Theft Cases
Penalties for white collar crimes can range from very expensive fines to long prison sentences. Even if the most common punishment is time in minimum-security prisons, there’s no reason it can be something even harsher, especially if substantial amounts of money are involved. White collar crimes like tax fraud, credit card fraud, insider trading and fraud against the government are harshly punished and sometimes even handed over to federal prosecutors. As it pertains to identity theft specifically, however, it is punishable by Class D felony and trafficking stolen identities is a Class C of the same degree, as detailed in their individual statutes.
Take identity theft offenses and allegations seriously and get professional legal representation in an expert local identity theft lawyer as soon as possible to see to your case. A competent identity theft defense attorney can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.
Felony
A felony is the most serious type of crime, and hence, they offer the most serious punishments, with years in prison. They are divided (like misdemeanors as well) into classes. In general, the imprisonment terms for each class of this offense are;
- Class A – 20 to 50 years, or even life imprisonment,
- Class B – 10 to 20 years,
- Class C – 5 to 10 years, and
- Class D – 1 to 5 years
All serious crimes, except murders (they have their own punishments), are classified as felonies.
It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, it is advised for you to share this information with your identity theft defense lawyer at the earliest.
A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).).
It’s difficult facing offenses as serious as this alone, especially since these have long-lasting consequences on a person’s life once convicted. Which is why hiring expert identity theft defense attorneys with adept insights and resources are essential. It’s also good advice to hire identity theft lawyers who pay close attention to create a great working attorney client relationship with the people and cases they take on. Experienced identity theft attorneys will know what to expect including with the best way to protect your rights, or avoid a conviction altogether.
Federal
In the United States, more than other crimes, white collar offenses are usually prosecuted by federal authorities. The FBI is responsible for processing those accused of federal white-collar crimes. Federal white-collar charges result when they transpire on or against federal property and institutions, but they are mostly a federal offense because they normally involve financial institutions and businesses across several states. Some of these offenses include, but are not limited to, money laundering, tax evasion, election law violations, embezzlement, and several types of fraud, like mortgage, bank, health care, mass marketing, securities, and commodities, and corporate fraud. People in business or government are the vast majority of those arrested for white collar crimes. These are not victimless crimes.There can be billions of dollars at stake, along with the livelihoods of thousands of people. The penalties for white -collar crimes can range from a simple fine to jail time of a few years. The punishment will depend on the extent of the money involved, people affected, and even the social implications of your crime. You will immediately need a federal identity theft lawyer if you are facing identity theft charges in Kentucky or anywhere else.
You need an experienced lawyer that specializes in criminal defense
All of our criminal identity theft attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of identity theft charges and identity theft defenses or other practice areas. We value the best interest of every client, above all, and with our insights about law, we can create new defense opportunities in your case, no matter how minor. When it comes to identity theft crimes, you need identity theft attorneys who will fight for your constitutional rights, and start by doing an evaluation of every evidence and substance of the detail of your case content, no matter how inconsequential they may be. We will then create the best defenses in your trial and strive to avoid the harshest sentence or any penalties at all.
Free Consultation & Case Review from our experienced identity theft lawyers
At CIR Legal, our identity theft attorney’s identity theft defense services include offering free consultation and case review to potential clients or otherwise. Our identity theft attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense. If we can’t get your case dismissed, then we’ll work hard for the best possible outcome at your trial. Call our law office at 859-636-6803 or fill out our form for a free consultation, be it pm or am.
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Our promise to you is based on a simple principle – focus on your goals and achieve exceptional results. You have trusted us to represent your interests in one of the most important events in your life, and we will not let you down.
We will always keep you informed about your case. We will always explain a clear path forward, and provide you with an understanding of “what to expect” at each step. We will always be directly accessible to you and promptly respond to any questions you may have.
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