What is the sentencing range for identity theft? - Criminal Law Questions and Answers- LawQA.com

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What is the sentencing range for identity theft?

What can be the sentencing range if convicted of identity theft? How do you find out where "you use their identity"?

Clifford Clendenin & O'Hale, LLP
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Identity theft can be either a G or an F class felony. The maximum sentence for a presumptive class G felony is 25-39 months. The maximum sentence for a presumptive range class F felony is 33-49 months. It will all depend on the facts and your prior record. I would encourage you to speak to an attorney.

Answer Applies to: North Carolina
Replied: 6/13/2011

Answer By John Carney
Law Offices of John Carney
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You would have to provide me with much more information before I could answer that question. If convicted of a D or E felony you would face up to 4 years on an E felony and up to 7 years on a D felony. The sentence is usually 1 1/3 to 4 years or 2 1/3 to 7 years on a non violent first felony offense but you are also eligible for an alternate 1 year sentence or straight probation for 5 years with a fine or restitution to the victim. You could be ordered to perform community service or just receive a fine or restitution with no probation. It is rare for a person to face jail time for a theft offense unless they have a bad record or have stolen a large amount of money from the elderly or a church.

Answer Applies to: New York
Replied: 5/23/2011

Answer By Seth J. Bloom
Bloom Legal, LLC
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The penalties for identity theft are determined based upon the age of the victim and the value of the goods, services, or any items secured as a result. They can range from 6 months in jail and $500 fines to 10 years in jail and $10,000 fines in Louisiana.

Answer Applies to: Louisiana
Replied: 5/4/2011

Answer By Craig Andersen
Andersen Law PLLC
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That would depend on your criminal history and the seriousness level of your crime. In Washington, you can go town to the law library and look at the Adult Sentencing Manual and determine what your exact sentence range you would have on conviction.

Answer Applies to: Washington
Replied: 4/29/2011

Law Office of Cotter C. Conway
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According to Nevada law, use of the personal identifying information of another ("Identity Theft") has a penalty ranging from 1 year to 20 years in the Nevada Department of Prisons but the minimum sentence can start at as high as 7 years depending on the particular facts of the case. The prosecution is obligated to provide the proof that you used the personal identifying information of another including, but not limited to, where the identity was used.

Answer Applies to: Nevada
Replied: 4/28/2011

Answer By Jared Austin
Austin Legal Services, PLC
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It is a felony punishable by a maximum of five (5) years in prison. However, your sentencing range or sentencing guidelines will be determined on your past record. Without knowing your entire criminal history, it is impossible to tell what your range would be.

Answer Applies to: Michigan
Replied: 4/27/2011

Answer By Lisa Mulligan
Lisa Mulligan Law Offices, LLC
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There are two different degrees of seriousness for identity theft, so I'd need to know a little more about the allegations in order to give you the proper range - however, I can tell you that (with no prior felony convictions), a person will face either a range of 0-90 days or 3-9 months.

Answer Applies to: Washington
Replied: 4/26/2011

Theodore W. Robinson, P.C.
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It will depend upon how it is charged. Usually it is charged as a "D" Felony which can carry as much as seven years in jail or as little as Probation and six months. Consult with an experienced criminal defense lawyer right away.

Answer Applies to: New York
Replied: 4/26/2011

Answer By Thomas J. Tomko
Thomas J. Tomko Attorney At law
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The sentencing range for identity theft cannot be calculated on the information provided. Only be knowing the Offense Variable and the Prior Record Bariable can the minimum sentence guideline range be calculated. You should address this question to your attorney. If in need of an attorney, you may contact me to discuss representation and fees.

Answer Applies to: Michigan
Replied: 4/26/2011

Law Office of Richard Williams
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This is a difficult question to answer. The sentencing range can depend on whether the charge is a state charge or a federal charge. Additionally, the amount involved in the identity theft, if any amount is involved may determine the classification of the offense, and therefore impact the range of punishment that can be imposed. Finally, the range of punishment as well as whether the possible punishment is incarceration as opposed to a suspended sentence may be affected by the person's prior criminal record.

Answer Applies to: Alabama
Replied: 4/26/2011

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