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East Brunswick NJ Identity Theft Defense Attorneys
Identity theft is a criminal offense that is definitely on the rise in Middlesex County. If you were arrested for allegedly violating N.J.S.A. 2C:21–17 (“Impersonation; identity theft; degree of crime”), you are among many facing this charge. Nonetheless, failure to mount a successful defense to this violation will result in a felony record, thousands of dollars in fines and the potential for years in state prison. You therefore need to do your best to avoid a guilty finding for identity theft in East Brunswick, Woodbridge, Edison, North Brunswick, Piscataway or another municipality in the region. Hiring a skilled criminal lawyer is a great strategy for accomplishing this goal. The defense attorneys at The Law Offices of Jonathan F. Marshall are capable of providing this level of representation. Our team includes Jason Seidman, a former supervisor in the Middlesex County Prosecutor’s Office, and others who have handled cases from this perspective. We are ready to put our 100 plus years of experience into action to secure a favorable outcome on your behalf. To speak to an attorney on our staff immediately, contact our East Brunswick Office by calling 732-227-1200.
Charged With Identity Theft or Impersonation in Middlesex County
The advent of the internet and other technology has resulted in far more opportunity for individuals to impersonate another or assume a false identity to commit identity theft, credit card fraud and theft by deception. Lawmakers in New Jersey were savvy to this issue and adopted N.J.S.A. 2C:21-17 to combat those who engage in identity theft in any form. This law makes it a fourth degree, third degree or second degree crime to commit this offense. In many instances, identity theft will arise as a result of someone using the personal information of a person to obtain credit cards, loans, make withdrawals from banks and brokerage firms and secure other benefits. There are three elements that must be proven by the state in order to convict someone of this charge. In this regard, the defendant must have: (1) impersonated or assumed the identity of another person or entity; (2) engaged in conduct in the assumed identity; and (3) undertake this conduct for the purpose of obtaining a benefit or to injure or defraud another.
Grading of Offense. When the benefit derived by the defend is $500 or less, identity theft is a fourth degree crime that triggers a fine of up to $10,000 and a state prison term of up to 18 months. It is a third degree crime for someone to commit a second violation involving a loss of $500 or less or a first offense with a value of at least $500 but less than $75,000. Third degree identity theft results in a fine that can reach $15,000 and up to 5 years of incarceration. If the defendant obtains a benefit or causes a loss of $75,000 or more, the charge is a second degree crime. The maximum fine is $150,000 and jail term is 5-10 years for second degree identity theft. The court may also order restitution to the victim for the cost of clearing their credit and to recoup expenses in defending debt collection efforts.
Misrepresentation of Age. There is an exception to the previously mentioned grading where the misrepresentation is for the purpose of purchasing alcohol by someone under legal drinking age. Possession of a fake ID or identity theft under these circumstances results in a disorderly persons offense, a misdemeanor, and penalties that include up to six months in the county jail and a $1,000 fine.
New Brunswick NJ Identity Theft Lawyer
Identity theft is an indictable crime which can only be adjudicated at the Superior Court in New Brunswick. There is no jurisdiction to deal with this grade of charge in a local court like the one in New Brunswick, Old Bridge, Sayreville, South Amboy or Monroe. The attorneys at our firm are highly familiar with the court system and personnel where your case will be heard with decades of experience defending offenses. A lawyer with the knowledge necessary to effectively navigate on your behalf is ready to assist you in our New Brunswick Office by calling 732-246-7126. Contact us for a free consultation.