Defending a Criminal Fraud Case
Identity fraud in Utah is a felony crime that can result in significant jail or prison sentence. If you are facing criminal charges for identity fraud (sometimes called “identity theft”), you need an experienced Utah criminal defense attorney on your side.
Elements of an Identity Fraud Charge in Utah
Under Utah law, a person is guilty of the crime of identity fraud if that person knowingly or intentionally uses, or attempts to use, the personal identifying information of another person, whether that person is alive or deceased, with fraudulent intent, including to obtain, or attempt to obtain, credit, goods, services, employment, any other thing of value, or medical information.” (See Utah Code 76-6-1102.)
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
The concept of “personal identifying information” is very broadly defined, and can include a name, address, birth date, telephone number, social security number, driver license number, employment information, mother’s maiden name, and other information related to a person’s financial or medical records.
Utah’s identity fraud statute requires that the personal information belong to another actual person. The person may be either living or deceased. But the person must be a real person. The statute further provides, however, that it is not a defense to an identity theft charge that the defendant did not know that the personal information belonged to another actual person.
Penalties for an Identity Fraud Conviction in Utah
A conviction for identity fraud in Utah is punishable as a second degree felony if the valued of the goods, services, credit, employment, or other thing of value is or exceeds $5,000 or if a person suffers some bodily injury as a result, either directly or indirectly, of the use of the personal identifying information. If there is only financial damage less than $5,000, then a charge of identity fraud is a third degree felony.
A good attorney will talk with you about how your case can affect your job, education, family, and future.
Under Utah law, a second degree felony is punishable by up to 15 years in prison and a $10,000 fine plus an additional 90% surcharge. A third degree felony is punishable by up to five years in prison and a $5,000 fine plus a 90% surcharge.
Finding the Right Defense Attorney
The crime of identity fraud is taken seriously by Utah prosecutors and judges. The best outcome for your case is more likely when you have an experienced criminal defense lawyer on your side.
Contact us today to see how the right attorney can help you.
Understanding your goals is the first step to developing the best defense strategy.
