Utah Identity Fraud - Salt Lake Criminal Defense Attorney
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. Stephen Howard
has protected the rights of his clients in thousands of serious felony
and
misdemeanor
cases during his career.
Contact us today to
schedule
an initial consultation.
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 concept of "personal identifying information" is 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.
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 a Utah Criminal Defense Attorney in Salt Lake City
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. Utah criminal attorney Stephen
Howard has defended thousands of serious criminal cases during his
career, including identity fraud, securities fraud, communications
fraud, insurance fraud,
and more.
Based in Salt Lake City, Mr. Howard offers legal services to clients
throughout Utah. Contact us today to arrange
for an initial consultation.