Featured News 2016 Identity Theft: State or Federal Crime?

Identity Theft: State or Federal Crime?

Most adults have heard the term "identity theft," but what exactly does it entail? It goes much deeper than stealing someone's Social Security number to obtain credit cards in their name, identity theft involves dozens of other schemes.

Identity theft occurs when an individual uses someone else's personal identifying information without their permission to commit fraud, or to unlawfully obtain goods or services. Identity theft includes but is not limited to:

  • Using another's driver's license number
  • Using someone else's Social Security number
  • Stealing a credit card to buy goods or services
  • Using someone else's bank account or checks
  • Using another's name, birth certificate or passport
  • Committing immigration crimes
  • Using another's health insurance

Often, people who work in occupations where they have direct access to people's driver's license numbers and Social Security numbers etc. are the ones who commit identity theft.

For example, people who work at a doctor's office or a dental office have access to personal identifying information, and can easily commit identity theft. The possibilities are almost endless.

Is it a state or federal crime?

Identity theft is one crime that's generally criminalized under state and federal law. This means that it's up to the state and federal prosecutors to decide whether the identity thief will be prosecuted in state or federal court.

If an identity thief is convicted of a state-level identity theft crime, they typically face incarceration in a state prison. On the other hand, if the person is convicted on federal identity theft charges, he or she faces federal prison.

There is a distinct difference between state and federal prison.

State prison is where the drug offenders and violent criminals are sent, such as the rapists and murders. In contrast, federal prison is mostly reserved for "white collar" criminals, the ones who have committed financially-motivated crimes – hence federal prison is known to be safer than state prison.

If you are facing identity theft charges, reach out to a criminal defense attorney for an aggressive defense!

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