Birmingham Identity Theft Attorney

Helping You Overcome Serious Charges

Identity theft cases have become more common now that most Americans carry debit and credit cards. A waiter or convenience store clerk may swipe a credit or debit card through a magnetic card reader or “skimmer” to capture the account number and name of the cardholder. It is not unusual for stolen credit card information to be obtained by someone in one state, mailed to someone in another state, and then sold overseas.

What are the Penalties for Identity Theft?

If you have been charged with identity theft, you may have taken part in any one of these transactions – or you may be wrongfully targeted. Whatever the case, you are facing serious consequences because your case is charged in federal court.

Possible penalties associated with identity theft include:

• Probation
• Incarceration
• Restitution
• Fines

Turn to our experienced identity theft lawyer in Birmingham. We have successfully tried multiple identity theft cases in federal court and remain committed to protecting the rights of people accused of this crime in Alabama state or federal courts. Before you make any statements to a law enforcement officer, consult with our team, and allow us to assess your situation.

What is Aggravated Identity Theft?

The federal penalties for identity theft are serious. Since being signed into law, the Identity Theft Penalty Enhancement Act of 2004 has increased penalties for identity theft and defined a new crime called “aggravated identity theft.”

When you think of identity theft, it is a situation where someone steals identification documents and uses them to steal money, empty a bank account, or commit fraud. Aggravated identity theft is when someone “knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person” while committing another felony. The felony can be any of a long list, which includes embezzlement, fraud, lying in order to acquire a firearm, obtaining customer information under false pretenses, and even immigration offenses.

The crimes are quite similar in definition and most people charged with aggravated identity theft are also facing lesser charges of identity theft. Why? A conviction for aggravated identity theft adds two years to the end of your sentence.

Strategies for a Successful Identity Theft Defense

The U.S. Supreme Court has recently ruled that, in order to obtain an identity theft conviction, prosecutors must prove that the defendant intended to steal another person’s identity. This is not always easy to prove.

Joe Ingram Law LLC will see to it that the government is required to prove every element of its case beyond a reasonable doubt. At each step, we look for ways to protect your rights, strengthen your defense, and weaken the government’s case. Without detailed evidence, intent can be quite difficult to prove. When it comes to evidence discovered by the government via computer, there may be many legal issues available to your defense.

At Joe Ingram Law LLC, we do not back down, even when the facts of the case seem overwhelming and the federal government seems unbeatable. Our Birmingham identity theft attorney has a successful track record of representing individuals charged with this serious crime.