Salt Lake City Identity Theft Defense Lawyer
Having an experienced Salt Lake City criminal defense attorney representing you against charges of identity theft can make a significant difference in your outcome. If convicted, you could face prison time, fines, surcharges and you will be required to pay back what your alleged victims claim you stole. Darwin Overson is known for this keen ability to fight for his clients’ rights.
Police and prosecutors must establish a case based on what is known as “circumstantial evidence of intent.” This standard requires specific facts and events demonstrative of your state of mind. These types of charges are not always easy to prove in a court of law. Attorney Darwin Overson will work proactively to challenge evidence, especially assertions conducive to speculation.
At Overson Law, PLLC, you will have a dedicated legal team committed to your criminal defense. Most defendants don’t understand the high bar prosecutors have to meet in order to prove identity theft. Attorney Darwin Overson has a reputation for his dedication to his clients and for holding law enforcement accountable for their wrongdoings. To schedule a free and confidential consultation, call (801) 895-3143.
Personal Information Commonly Stolen in Identity Theft Cases
The government has to provide legitimate evidence against you. Identity theft involves the taking of someone else’s personal information. This “taking” can occur in a wide variety of ways of using the following types of information:
- Telephone number
- Driver’s license number
- Social Security number
- Employment and location
- Employee identification numbers or other personal ID numbers
- Mother’s maiden name
- Electronic signatures and other electronic ID signs and numbers
- Any information used to access a person’s financial resources or medical information
Anyone can have access to this information. An experienced criminal defense attorney will not accept any theory as to how you obtained the information.
Penalties for Identity Theft in Utah
If you are found guilty of identity theft, prison time and fines are as follows:
- If convicted of a third-degree felony, you will face restitution, up to $5,000 fines, and/or up to 5 years’ imprisonment
- If convicted of a second-degree felony, you will face restitution, up to $10,000 fines, and up to 15 years’ imprisonment
Furthermore, you may face other charges that can complicate and add to the penalties you will face. With an accomplished attorney at your side, you can make sure no one manipulates the law to build a more complicated case against you. The authorities have a high standard of law to prove their cause because identity theft is considered a form of fraud. The prosecutors have to show “intent” to deceive. Despite what the authorities pretend, there is a high legal bar to show intent.
Depending on the amount of evidence, prosecutors often seek plea agreements in these types of cases because they are hard to prove. Having an experienced attorney becomes all the more critical as you could possibly obtain a dismissal or have the charges dropped altogether. Identity theft penalties depend on the amount allegedly obtained illegally, described as follows:
- If the property’s value is $5,000, you will be charged with a third-degree felony
- If the property’s value exceeds $5,000, you will be charged with a second-degree felony
The valuation of the allegedly stolen property shouldn’t be determined by law enforcement. An experienced attorney can challenge the validity of the alleged property value.
Damages You Can Recover with a Salt Lake City Identity Theft Attorney
The crime of identity theft in Utah is considered a form of fraud or deceit. There are defenses as well as ways to weaken the allegations against you. Your charges for this crime cannot be based on a mistake but on intentional acts designed to deceive others into thinking you’re someone else while seeking to profit from those actions. Regardless of whether the stolen information corresponds to a living person or someone deceased, profiting has a broad definition indicating the pursuit of “anything of value.” Anything of value includes:
- Financial credit for a loan
- Access to medical services
In Utah, you cannot claim a defense by stating you didn’t know the information was not yours. However, there are other defenses and ways to weaken the government’s case against you. An experienced criminal defense attorney can evaluate the case and give you a more concrete sense of your defense.
Call a Dedicated Salt Lake City Attorney to Challenge Identity Theft Charges
Skilled criminal defense attorneys understand what would prove identity theft under the high standard for all criminal cases in Utah: “beyond a reasonable doubt.” Statements alone will not prove identity theft. Your attorney can explain the types of direct or circumstantial evidence needed for a conviction under the legal standard beyond a reasonable doubt. With over sixteen years of experience, attorney Darwin Overson is known for his skill in debunking unproven theories against his clients.
Sometimes the charges are based on direct evidence that requires no conclusions or assumptions, while circumstantial evidence may be subject to interpretation. In identity theft cases, evidence of deception is often biased or prejudicial and therefore inadmissible in a court of law. A seasoned trial attorney is best prepared to present these challenges effectively.
If you are charged with identity theft in Salt Lake City, you must recognize the severe impact a felony conviction can have in your life. Darwin will stand by your side through the entire process. To learn more about our services, schedule a free and confidential criminal defense consultation today. Contact us at (801) 895-3143.