IDENTITY THEFT
Identity Theft Defense Attorneys In Chattanooga, TN
Identity theft occurs when someone wrongfully obtains and uses another person’s personal data by using fraud or deception.
Most instances of identity theft in Tennessee happen for economic gain, i.e., a person’s personal data is stolen so that a fraudster can use it to make money. The financial and personal data in question could be anything from a social security number to tax records, PINs, credit card details, and so on.
TABLE OF CONTENTS
- Identity theft laws in Tennessee
- What is “aggravated” identity theft?
- What are the punishments for identity theft?
- “Clueless” identity theft
- Types of identity theft in Tennessee
- Trafficking in identity theft
- Criminal impersonation
- Using false ID to obtain goods
- Fraudulent use of a credit card
- Phishing
- Protect your rights
Identity Theft Laws In Tennessee
This type of crime has become more common and more high profile in recent years with online databases holding large volumes of data. However, identity theft also happens at much lower levels and can occur offline too if data is not secured properly. This rarely makes the news headlines.
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However, some people consider it one of the fastest-growing crime types in the state. Consequently, Tennessee has a range of laws governing identity theft.
At Houston & Alexander in Chattanooga, our criminal defense lawyers have considerable experience in defending those accused of identity theft crimes and can help if you find yourself in this situation.
What Is “aggravated” Identity Theft?
Under the Theft Penalty Enhancement Act, aggravated identity theft is any theft of personal data in connection with certain federal crimes or with terrorism offenses.
Apart from terrorism, the federal crimes referred to include more than 60 examples of federal theft, fraud, immigration, and related felonies.
What Are The Punishments For Identity Theft?
Anyone accused of identity theft in Tennessee may receive a prison sentence, especially if the crime had a large impact on the life of the victim.
Generally speaking, identity theft is treated as a Class D felony crime in Tennessee though there are many different variations. At least a 20-month sentence in prison is a real possibility if convicted.
In cases of aggravated identity theft, the Tennessee courts will impose additional sentences of two years for general offenses (on top of the sentence for the federal crime committed) and five years on top of the sentence imposed for a terrorism-related crime.
“Clueless” Identity Theft
Unlike with most cases of theft or robbery, where fingerprints, witnesses, video surveillance or other clues may be left, clueless identity theft is relatively common.
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The victim of ID theft may not even be aware of the crime until well after it has happened – for instance, after checking a credit card statement or trying to obtain credit.
By this time, the perpetrator may have already used the personal data for considerable financial gain.
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Looking For An Identity Theft Defense Lawyer In Chattanooga, TN?
If you’ve been charged with identity theft, it is in your best interest to consult with an experienced attorney immediately.
Call (423) 267-6715 or request a free case evaluation today.
Types Of Identity Theft In Tennessee
Most types of identity theft in Tennessee occur when personal data is acquired either through:
- Unlawful access to information from government and financial websites, or
- Lost or stolen mail, wallets, identification documents, and bank cards (credit/debit).
Standard crimes of identity theft often involve activities such as:
- Buying false identification
- Using the identification of another person (including biometric data, fingerprints, retina images, etc.)
- Selling identification cards and other personal documents
This is generally a Class D felony and, if convicted, you can serve considerable jail time depending on the sum of money involved and its impact on the victim’s life.
The maximum term is 12 years and if this is applied you must serve a minimum of 60 percent. At least 20 percent of the sentence must be served before parole is possible.
Trafficking In Identity Theft
A charge of identity theft in Tennessee can lead to a federal investigation. Even a state-investigated crime can have serious repercussions.
A criminal conviction can affect your life forever so you need a serious defense against the charges.
Book a free consultation with an experienced identity theft attorney or call us directly at 423-267-6715 . We will protect your rights and freedoms and reduce the impact on your future.
Criminal Impersonation
Impersonating a law officer is considered a type of identity theft that can lead to a Class A or Class B misdemeanor in Tennessee.
Simply pretending to be a law enforcement officer is a Class B misdemeanor while impersonation to obtain the personal identification of other people is a Class A misdemeanor.
A maximum sentence of 11 months and 29 days in a correctional facility may result along with a $500 fine.
Using False ID To Obtain Goods
Using some else’s ID or a fake ID to obtain goods is a Class C misdemeanor in Tennessee.
This can lead to a 30-day term in jail and a fine of $50. However, this law does not include minors who purchase alcohol using a fake ID.
Fraudulent Use Of A Credit Card
Using a credit card in someone else’s name after you have gained control of it is a type of identity theft linked to fraud and theft.
If the card is stolen but not used, it will lead to a Class A misdemeanor charge, with up to a $2,500 fine and 11 months and 29 days in jail.
If the card is used, theft charges may follow, with the possibility of a longer prison sentence and an order to pay back the amount stolen.
Phishing
Tennessee’s Anti-Phishing Act of 2006 protects online users of websites, email, etc. who have their identity stolen and are represented fraudulently by someone else.
Under the Act, requesting personal information while assuming a false identity is considered a more serious offense.
Generally speaking, the stolen money must be paid back up to three times its value and there will be a considerable fine of at least $5,000.
Protect Your Rights: Call Houston & Alexander, PLLC
A charge of identity theft in Tennessee can lead to a federal investigation. Even a state-investigated crime can have serious repercussions.
A criminal conviction can affect your life forever so you need a serious defense against the charges.
Book a free consultation with an experienced identity theft attorney or call us directly at 423-267-6715 . We will protect your rights and freedoms and reduce the impact on your future.
