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Identity Theft 2C:21-17

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Elizabeth NJ Identity Theft Lawyer

Identity Theft Attorney in Union County, New Jersey

Identity theft occurs when one individual uses the personal information of another person in order to obtain monetary gain or some type of benefit. With the prevalence of computer technology, identity theft has become an increasingly popular crime. Many people conduct banking transactions on the internet, shop online, and perform a variety of economic transactions via unsecured internet networks. These actions put a good portion of the population at risk for some type of identity theft. Although identity theft can be facilitated by the internet, it can also occur in insurance situations and other circumstances where personal information results in some type of benefit. Because the victims of identity theft suffer grave consequences, the penalties for identity theft offenses are very serious including a considerable amount of incarceration and restitution. At the Proetta & Oliver, we represent clients charged with identity theft throughout New Jersey including Hillside, Westfield, Elizabeth, Roselle, Cranford, Springfield, and Clark. If you would like to speak with an experienced identity theft criminal attorney contact our Jersey City office at (201) 793-8018 for a free consultation.

2C:21-17 New Jersey Identity Theft Law

An individual may be charged under N.J.S.A. 2C:21-17, Theft of Identity, if he or she:

1) Impersonates or assumes the false identity of another and does an act in such character for the purpose of obtaining a benefit or to injure or defraud another person.

2) Pretends to be a representative of some person or organization and does an act for the purpose of obtaining a benefit or to injure or defraud another.

3) Impersonates another individual, takes a false identity, or makes a false or misleading statement regarding the identity of any person, in an oral or written application for services, for the purpose of obtaining any services.

4) Obtains any personal identifying information, without permission, about another individual and then uses the information, or assists another person in utilizing the information in order to take the identity of another individual, for the purpose of fraudulently obtaining or attempting to obtain a benefit or services, or to avoid paying a debt or another legal obligation or to avoid prosecution of a crime.

5) Impersonates another person, assumes a false identity or makes a false or misleading statement, in the course of making an oral or written application for services, with the purpose of avoiding payment for prior services.

Grading for Identity Theft Offenses

Identity theft is a very serious offense and a conviction of this offense could result in very serious penalties, including up to 20 years of incarceration and restitution to the victim. According to 33 NJPRAC § 17.6, restitution can include the cost of repairing the victim’s credit, or the costs associated with a civil or administrative proceeding to satisfy a debt, lien, or other obligation which arose out of the fraudulent action.

Under N.J.S.A. 2C:21-17, Theft of Identity, the grading of identity theft offenses is as follows:

2nd Degree Identity Theft More than $75,000 or more than 5 victims 5 – 10 years in state prison; presumption of incarceration
3rd Degree Identity Theft $500 – $75,000   or 2 – 5 victims 3 – 5 years in state prison
4th Degree Identity Theft Loss is under $500 – 1 victim Up to 18 months in prison

As founding attorney, Will Proetta has successfully handled literally thousands of criminal and municipal court charges such as identity theft during his career. Our firm represents clients for criminal charges throughout New Jersey including Roselle Park, Summit, Rahway, Berkeley Heights, Garwood, and Kenilworth. If you or someone you know has been arrested for identity theft then contact our office, conveniently located in Cranford, to speak with an experienced criminal lawyer at (908) 838-0150 for a free consultation.

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