Patrick Donovan is a Massachusetts Criminal Lawyer who helped people fight all types of theft crimes including Identity Fraud. If you need advice on Identity Fraud Call Attorney Patrick Donovan today for a free consultation.
What is Identity Fraud in Massachusetts?
The crime of Identity fraud is governed by Massachusetts General Laws chapter 266, section 37E. This crime encompasses a number of different charges, all of which involve using another person’s identifying information and posing as that person to obtain something of value with fraudulent intent.
In order to be convicted of Identity Fraud by Posing as Another, the Prosecutor would have to prove, beyond a reasonable doubt that:
1. You posed as another person;
2. You did so without that person’s express authorization;
3. You used that person’s identifying information in order to a. obtain, or attempt to obtain, something of value (i.e., money, credit, goods, or services) or an identification card; or b. to harass another person; and
4. That you did so with the intent to defraud
In order to prove identity fraud, the Commonwealth would have to show that you falsely represented yourself, either directly or indirectly, as another person without their permission by using some form of personal identification such as a name, address, social security number, credit card numbers or passwords. Charges for identity theft are often closely related to credit card fraud, immigration fraud, and employment fraud and more and more involve the use of internet and technology to perpetrate the fraud.
It is also a separate crime to even obtain the identifying information of another person without their authorization, with the specific intent to use that information to either obtain or attempt to obtain something of value or an identification card, or to harass another person, with the intent to defraud. This is distinguished from Identify Fraud by Posing as Another, in that you can be charged without ever actually posing as another, so long as it can be proven that you obtained another person’s personal identifying information with the intent to pose as another.
What are the Penalties for Identity Fraud in Massachusetts?
Identity Fraud is a highly serious offense that carries severe consequences upon conviction. Those found guilty may face a maximum penalty of a $5,000 fine or imprisonment for up to 2½ years. Additionally, convicted individuals are required to make restitution payments for any financial losses suffered by the victim due to the identity theft. If you are currently facing these charges, it is crucial to immediately seek the guidance of a skilled criminal defense attorney to explore potential courses of action.
How a Criminal Defense Attorney can help
Facing identity fraud charges in Massachusetts can be incredibly daunting, but enlisting the expertise of a seasoned criminal attorney can make all the difference in navigating this complex legal terrain. A skilled attorney specializing in identity fraud cases can provide invaluable assistance at every stage of the legal process.
First and foremost, a knowledgeable attorney will conduct a comprehensive review of the evidence against you, scrutinizing every detail to identify potential weaknesses in the prosecution’s case. This meticulous examination can uncover crucial information that may ultimately lead to the dismissal or reduction of charges.
Additionally, a criminal attorney can leverage their in-depth understanding of Massachusetts state laws and precedents to craft a strategic defense tailored to your specific circumstances. Whether challenging the validity of the evidence presented or arguing for alternative sentencing options, such as probation or community service, your attorney will work tirelessly to achieve the best possible outcome for your case.
Furthermore, navigating the complexities of identity fraud charges requires a deep understanding of both criminal law and technology. A skilled attorney will have experience handling cases involving digital evidence, such as electronic transactions and data breaches, and can enlist the expertise of forensic analysts and other specialists to bolster your defense.
In addition to their legal expertise, a criminal attorney can provide invaluable support and guidance throughout the duration of your case. From explaining your rights and options to providing reassurance during what can be a stressful and overwhelming experience, your attorney will be your staunch advocate every step of the way.
Ultimately, hiring a criminal attorney demonstrates to the court that you are taking the charges seriously and are committed to defending your rights. With their knowledge, experience, and dedication to your case, a skilled attorney can help you navigate the complexities of identity fraud charges and work toward a favorable resolution.
Massachusetts Identity Fraud Attorney
Patrick Donovan is a former Assistant District Attorney who provides the best criminal defense in Massachusetts. If you have been charged with Identity Fraud or any Massachusetts Crime, call Attorney Patrick Donovan today for a free consultation.
