Identity Theft

Evesham NJ Identity Theft Lawyers

With the rise in e-commerce and Digital Banking, Identity Theft has become increasingly more common throughout New Jersey. Whether you were the victim of a phishing scam or you had your personal accounts hacked, identity theft can cause a great deal of harm and stress to the victim. For this reason, New Jersey Prosecutors have been particularly vigilant and aggressive in prosecuting these types of cases. If you were part of a scheme involving Identity Theft in Burlington County, you could be arrested and charged with a Second Degree Indictable Offense. Depending on the nature of the charges and the facts of your case, these charges alone could result in a term of incarceration up to ten (10) years in a New Jersey State Prison. Moreover, charges for Identity Theft tend to include other similar theft or fraud charges such as Theft of Property, Theft of Services, Forgery, Receipt of Stolen Property, Fencing or Money Laundering.

If you or a loved one are currently incarcerated or have pending criminal charges in Burlington County, the law firm of Proetta, Oliver & Fay can help. We have represented defendants throughout New Jersey in matters involving theft and fraud. We understand the possible repercussions a criminal conviction can have on someone’s life and we are here to help. Firm Partner, William C. Fay, Esq., spent part of his career as a Deputy Attorney General with the New Jersey Attorney General’s Office. Having practiced under the top attorney in the State, Mr. Fay is well-versed and experienced in all matters. If you would like to consult with Mr. Fay about you charges in Mount Laurel, Pemberton, Florence, Evesham, Mount Holly, Cinnaminson, Maple Shade, Southampton, Palmyra, Burlington Township, Bordentown or Moorestown, call (609) 850-8284. We serve all of Burlington County and can be reached 24/7 for your convenience.

Identity Theft Charges in Mount Holly NJ

Identity Theft can occur in a variety of fashions. For this reason, the legislature spelled-out a multiple forms of conduct under N.J.S.A. 2C:21-17. While most common people assume that “Identity Theft” involves stealing someone’s identity, the law is a but more specific. Pursuant to N.J.S.A. 2C:21-17, these five (5) forms of conduct are treated as violations of the law:

N.J.S.A. 2C:17a(1) Charges

Here, the Burlington County Prosecutor must prove that the Defendant knowingly impersonated another or assumed a false identity with the purpose to either “(1) obtain a benefit for himself / herself, (2) to obtain a benefit for another, (3) injure another or (4) to defraud another. This is the most basic and most common form of identity theft.”

N.J.S.A. 2C:17a(2) Charges

Here, the Burlington County Prosecutor must prove that the Defendant “knowingly pretended to be a representative of a person or organization with the purpose to either (1) obtain a benefit for himself / herself, (2) to obtain a benefit for another, (3) injure another or (4) to defraud another.”

N.J.S.A. 2C:17a(3) Charges

Here, the Burlington County Prosecutor must prove that the Defendant either: “(1) Impersonated another, (2) Assumed a false identity, (3) Made a false statement regarding the identity of any person, or (4) Made a misleading statement regarding the identity of any person; AND that the Defendant’s act was made in an oral or written application for services and done so with the underlying purpose to obtain services.”

N.J.S.A. 2C:17a(4) Charges

Here, the Burlington County Prosecutor must prove that the Defendant (1) knowingly obtained personal identifying information of another, (2) purposely used the information in order to assume the identity of another person or to represent himself/herself as another person, (3) knew that they (the defendant) did not have permission to do so, AND (4) had the purpose to either:

→   fraudulently obtain a benefit or services
→   attempt to obtain a benefit or services
→   avoid the payment of debt or other legal obligation, or
→   avoid prosecution for a crime.

N.J.S.A. 2C:17a(5) Charges

Here, the Burlington County Prosecutor must prove that the Defendant knowingly “impersonated, assumed a false identity, made a false statement, or made a misleading statement in the application for services AND that this was done with the purpose of avoiding payment for prior services.”

What are the Penalties for Identity Theft in NJ?

While there are multiple types of “Identity Theft” under N.J.S.A. 2C:21-17, each of these sections will be treated as an indictable offense (felony) under New Jersey law. However, the degree and severity of the charge will vary depending upon the value of “loss” suffered by the victim. Where the victim suffers less than a $500 loss, the defendant will be charged with Fourth Degree Identity Theft. Fourth Degree charges carry up to eighteen (18) months in a NJ State Prison. Where the victim suffers between a $500 and $75,000 loss, the defendant will be charged with Third Degree Identity Theft. Third Degree charges carry up to five (5) years in a NJ State Prison. Lastly, where the victim suffers a loss exceeding $75,000, the defendant will be charged with Second Degree Identity Theft. Second Degree charges carry up to ten (10) years in a NJ State Prison. 

Depending upon your criminal history and the facts of your case, you may be eligible for participation in a diversionary program like Pretrial Intervention (PTI). For more information on this type of program and other options beyond incarceration, call (609) 850-8284.

Identity Theft Attorneys in Florence NJ

Identity Theft charges should never be taken lightly. If your were arrested individually or as part of a larger group, it is imperative that you contact an experienced criminal defense attorney. You are likely facing indictable felony charges that could carry anywhere from eighteen (18) months to ten (10) years in State Prison! Proetta, Oliver & Fay is a Burlington County Criminal Law Firm that represents defendants facing criminal charges throughout New Jersey. If you were arrested for Identity Theft, Credit Card Fraud, Insurance Fraud or Theft, please contact our office at (609) 85-8284 today. We will gladly consult with you about the nature of your charges and what steps can be taken to represent you in your case. If you have any questions or concerns about Identity Theft charges in Mount Holly, do not hesitate to contact our office and speak with an attorney.