Home » Practice Areas » Criminal Law » North Carolina Criminal Law 14-113.20: Felony Identity Theft
In North Carolina, identity theft is a crime that involves the use of another person’s personal information in an attempt to gain access to financial resources or to obtain credit. This crime can be committed by either stealing a person’s identity or by possessing someone else’s identity information with the intent to use it fraudulently.
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Identity theft in North Carolina is a class G felony, meaning that the penalty for conviction may include a maximum of 47 months imprisonment. The most common type of identity theft involves using a social security number (SSN) for financial gain. For example, using someone else’s SSN to obtain credit cards or open bank accounts is considered felony impersonation because the person is legally responsible for any debts those accounts incur.
Identity theft is one of the fastest-growing crimes in North Carolina. There are many different types of identity theft, but all fall into two main categories: felony and misdemeanor.
If you use someone else’s identity for your gain and that person suffers financial loss as a result, then it is likely that your actions will be considered felony identity theft.
Some examples of felony identity theft include:
Suppose you use another person’s identity for personal gain, and no one suffers any financial loss. In that case, your actions will likely be considered misdemeanor identity theft. Examples include:
Identity theft is a serious crime that can have lasting consequences for the victim. The penalties for identity theft are severe, and the potential for jail time is significant.
The following are some examples of how the law treats identity theft:
If you are convicted of felony identity theft in North Carolina, you will be required to pay restitution to the victim. Restitution is a sum you must pay to compensate the victim for losses due to the offense.
Restitution can include:
The amount of restitution will depend on the value of the property or services obtained by the defendant.
Felony charges are serious and can carry substantial prison time. If you have been charged with felony identity theft in North Carolina, you should immediately speak with an experienced criminal defense attorney. A felony identity theft lawyer can help by explaining your rights and options under the law, investigating your case, and building an effective defense strategy for trial or plea bargain negotiations.
Using several strategies, an experienced North Carolina felony identity theft attorney can help you fight felony identity theft charges. These include:
An experienced attorney will know how to challenge evidence that looks incriminating but isn’t. For example, if your lawyer finds out that a witness has lied or been influenced by someone else’s testimony, they may be able to get the charges against you dropped or reduced.
A plea bargain is an agreement between prosecutors and defendants in which the defendant agrees to plead guilty to one or more lesser charges than those initially filed in exchange for a reduced sentence. Plea bargaining is a common practice that allows both sides to save time and resources by avoiding trial and resolving cases quickly.
Using plea bargains as leverage against prosecutors, criminal defense attorneys can negotiate reduced charges or sentences for their clients. This can be especially useful when facing felony charges because felonies are automatically considered “serious” crimes under North Carolina law. As a result, judges must impose harsher punishments on defendants who commit serious crimes like identity theft than they would on those who commit less serious offenses. By negotiating a felony charge down to a lesser offense, your attorney may be able to secure a lighter sentence.
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Our criminal law attorneys defend clients against felony and misdemeanor charges in North and South Carolina. We understand how intimidating it is to be charged with a crime and face the criminal justice system.
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If you are facing federal or state criminal charges, King Law can help. We have experience defending clients in North Carolina and the surrounding states. Our attorneys are dedicated to helping people in trouble with the law.
Our team of experienced lawyers is prepared to fight for your rights and freedom. We know that you may be confused about what to do next, and we want you to know that we are here to help you through this difficult time and know how to handle identity theft-related charges.
To learn more about how we can help with your case, contact our office at (888) 748-5464 or fill out our online form.
