Is Identity Theft a Felony? What You Need to Know

Identity theft is a big problem in the United States, millions are affected yearly. The consequences of this crime are severe not only for the victim but also for the accused.


So is identity theft a felony? Yes, it is. Identity theft is a felony that can result in serious consequences and penalties. In this post we will go deeper into the legal aspect of identity theft, how it is prosecuted, and what you need to know if you or someone you know is being charged with it.

• What is Identity Theft?
  
• Is Identity Theft a Felony?
  
• Factors That Determine If Identity Theft is a Felony
  
• Identity Theft Laws in the US
  
• Federal Identity Theft Laws
  
• State Identity Theft Laws
  
• Identity Theft Penalties
  
• Is Identity Theft Always a Felony?
  
• Can I Go to Jail for Identity Theft?
  
• Long-Term Consequences of a Felony Conviction
  
• How to Protect Yourself from Identity Theft
  
• Defending Against Identity Theft Charges
  
• Legal Representation Of a McAllen Criminal Defense Lawyer at The Law Office of Rolando Cantu
  

What is Identity Theft?

Identity theft is when someone obtains and uses another person’s personal identifying information without consent (identity fraud), usually for financial gain or other fraudulent purposes. A person commits identity theft by stealing someone’s personal information such as:

• Social security number
• Identification documents and data
• Credit card information
• Medical records
• Biometric data

The stolen information is then used to commit various forms of fraud such as opening credit accounts, taking out loans, or making unauthorized purchases.

When someone commits the crime of identity theft against multiple victims the charges can quickly become a felony and the penalties become harsher. This is especially true when the stolen information is used to commit other crimes such as money laundering or drug trafficking.

You Might be Interested: If Charges Are Dropped, Is It Still on Your Record?

Is Identity Theft a Felony?

Yes, identity theft is a felony in most cases. However, the severity of the felony charges can vary depending on several factors such as the amount of financial harm caused, the number of victims involved, and if the crime targeted vulnerable individuals like the elderly or minors.

Factors That Determine If Identity Theft is a Felony

Identity theft crimes are classified depending on the type of information (personal identifying information) stolen and how it was used. Here are some common factors that determine if identity theft is a felony:

1. Monetary Loss: The financial harm to the victim is a big factor in determining if identity theft is charged as a felony. In many states, if the amount stolen exceeds a certain amount the crime is automatically a felony.
   
2. Number of Victims: Identity theft that involves multiple victims is more likely to be prosecuted as a felony. The more victims involved the higher the chances of getting severe charges.
   
3. Vulnerability of the Victim: Crimes that target vulnerable populations like the elderly or individuals with disabilities have harsher penalties. In these cases, identity theft is almost always a felony.
   
4. Type of Fraud Committed: The specific fraudulent activities committed using the stolen identity also determine the severity of the charges. For example, using someone else’s identity to apply for a mortgage or file fraudulent tax returns will be felony charges.
   
5. Intent to Defraud: The intent to use the stolen information is key in identity theft cases. Even if the fraudulent scheme fails the mere intent to commit identity theft or defraud can be enough to get felony charges.

Identity Theft Laws in the US

Identity theft laws vary from state to state but generally fall under theft or fraud. In many states, identity theft is a “wobbler” offense meaning it can be charged as a misdemeanor or a felony depending on the circumstances. However, due to the increasing prevalence and seriousness of identity theft investigations, it’s more commonly charged as a felony.

Federal Identity Theft Laws

In addition to state laws identity theft is also a federal crime under the Identity Theft and Assumption Deterrence Act of 1998. This law makes it illegal to knowingly use another person’s identification with the intent to commit unlawful activities. Federal penalties for identity theft can be up to 15 years in prison, significant fines, and forfeiture of any property used or intended to be used in the crime.

State Identity Theft Laws

Federal law provides the minimum baseline for identity theft but state laws add more.

For example, Texas Penal Code § 32.51 defines identity theft as the “fraudulent use or possession of identifying information” with the intent to harm or defraud another person. In Texas, the penalties for identity theft can be a state jail felony to a first-degree felony depending on the severity of the crime.

Identity Theft Penalties

The penalties for identity theft can vary greatly depending on the circumstances. Here’s a general breakdown:

1. State Jail Felony

• Number of Items: Less than 5
  
• Fines: $10,000
  
• Imprisonment: 180 days to 2 years
  

2. 3rd Degree Felony

• Number of Items: 5 to less than 10
  
• Fines: $10,000
  
• Imprisonment: 2 to 10 years
  

3. 2nd Degree Felony

• Number of Items: 10 to less than 50
  
• Fines: $10,000
  
• Imprisonment: 2 to 20 years
  

4. 1st Degree Felony

• Number of Items: 50 or more
  
• Fines: $10,000
  
• Imprisonment: 5 to 99 years
  

In addition to imprisonment and fines, those with an identity theft conviction may also be required to pay restitution to the victims. This can include paying back the victim for financial losses, legal fees, and any other costs associated with restoring their identity.

Is Identity Theft Always a Felony?

While identity theft is generally a felony, there are some circumstances where it might be charged as a misdemeanor. This is usually in cases where the financial loss is minimal, there are few victims or the crime doesn’t involve vulnerable individuals. But even a misdemeanor conviction for identity theft can have serious legal consequences.

Related: How Often Are Felony Charges Dropped?

Can I Go to Jail for Identity Theft?

Yes, you can go to jail for identity theft. Imprisonment is one of the most common penalties for those convicted of this crime. The length of the sentence will depend on the charges, the defendant’s criminal history, and other factors.


For example, a first-time offender who committed a minor identity theft may get a shorter sentence, maybe probation instead of jail time. But a repeat offender or someone who harmed their victims more severely will get a longer sentence.

Long-Term Consequences of a Felony Conviction

A felony conviction for identity theft can have long-term consequences that go beyond the immediate fines and imprisonment. Some of the long-term effects include:

1. Trouble Finding Employment: Many employers do background checks on potential employees. A felony conviction for identity theft can make it hard to find a job, especially in industries that require trust and responsibility such as finance or healthcare.
   
2. Trouble Finding Housing: Landlords do background checks on prospective tenants. A felony record can make it hard to find housing, especially in competitive rental markets.
   
3. Loss of Voting Rights: In many states a felony conviction can result in loss of voting rights either temporarily or permanently.
   
4. Restrictions on Owning Firearms: Federal law prohibits individuals with felony convictions from owning or possessing firearms. This can be for life.
   
5. Trouble Getting Professional Licenses: Many professional licenses such as lawyers, doctors, and accountants may be denied to individuals with felony convictions.

How to Protect Yourself from Identity Theft

Since identity theft is so serious you need to take steps to protect yourself from becoming a victim. Here are some tips to help you protect your personal information:

1. Monitor Your Credit Reports: Check your credit reports regularly for any unauthorized activity. You are entitled to a free credit report from each of the three major credit reporting agencies once a year.
   
2. Use Strong Passwords: Create strong, unique passwords for all your online accounts. Don’t use easily guessed passwords like “password” or “123456”.
   
3. Be Cautious with Personal Information: Be careful about sharing your personal information especially online. Don’t post your full name, birthdate or address on social media.
   
4. Shred Sensitive Documents: Shred any documents that contain personal information before disposing of them. This includes bank statements, credit card offers, and medical records.
   
5. Secure Your Devices: Use antivirus software and firewalls to protect your computer and other devices from hackers. Make sure to keep your software updated.

Defending Against Identity Theft Charges

Being accused of identity theft is serious and you need to know your rights. Several defenses can be used to fight identity theft charges depending on the circumstances of the case:

1. Lack of Intent to Defraud: One of the most common defenses is to argue that the defendant did not have the intent to defraud. For example, if someone used another person’s ID without realizing it they may not be guilty of identity theft.
   
2. Mistaken Identity: In some cases, the defendant may be wrongly accused of identity theft due to a mix-up or mistaken identity. This can happen if the real perpetrator uses the defendant’s information to commit the crime.
   
3. Consent of the Victim: If the alleged victim gave consent for the defendant to use their information it may not be identity theft. But this defense can be tricky and requires strong evidence.
   
4. Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the defendant committed identity theft. If there is not enough evidence to support the charges the defendant may be acquitted.

Legal Representation Of a McAllen Criminal Defense Lawyer at The Law Office of Rolando Cantu

Understanding identity theft is important for both those who are accused of this crime and those who want to protect themselves from becoming a victim. The penalties for identity theft include imprisonment, fines, and long-term consequences that affect every aspect of a person’s life.

If you or someone you know is charged with identity theft, seek legal counsel immediately. A good criminal defense attorney can help you navigate the legal system, protect your rights, and get the best possible outcome.

If you are charged with identity theft in McAllen, Texas, or the surrounding areas, call The Law Office of Rolando Cantu. Our criminal defense attorney will provide you with personalized legal representation for your case. We know how serious identity theft charges are and will defend your rights every step of the way. Call today for a free consultation.