Identity Theft Attorneys in Greenville, South Carolina
What is Identity Theft?
Identity theft occurs when an individual uses another persons’ identity for financial gains. The more we use our identifying information in public, the more prevalent identity scams are.
Online transactions have significantly increased the number of identity scams in South Carolina. Identity fraud and financial identity fraud are both felony crimes in the state of South Carolina. The offender is punishable by up to 10 years in prison for such crimes. The court will determine the appropriate fines depending on the amount of money involved in the crime.
Using any type of personal data belonging to another individual leads to identity fraud. This may include the driver’s license numbers, bank account information, social security numbers, and any other personal details. Financial identity fraud is when such data is used for financial gains.
For example, an individual may use another persons’ bank account information to access their account and take its contents. Both these crimes are equally punishable in South Carolina.
What Establishes a Charge of Identity Fraud?
Identity fraud occurs when a person obtains, possesses or uses someone else’s personal information intending to gain monetary or other benefits. For example, if a waiter takes down the credit card details of a customer intending to use it to purchase something for himself, he has committed identity theft even if he never actually buys anything.
Penalties in South Carolina
Identity theft is an automatic felony in SC. A person convicted of such a crime can end up in prison for up to 10 years and be fined as per the discretion of the court. The fine will depend on the actual monetary gain involved in the theft.
Identity Theft in Virginia
Identity fraud is a serious crime in Virginia. It involves stealing someone’s identity – such as the social security number, credit card information or birth date – intending to defraud or harm the person. The penalties for the crime and how the crime is classified in Virginia depends on how much money the defendant has stolen. The first offense or an offense involving a loss of up to $200 is classified as a class 1 misdemeanor. Second offenses or an offense that involves a loss of more than $200 are classified as felonies in the state.
Penalties in Virginia
A loss of up to $200 is classified as a class 1 misdemeanor. A class 1 misdemeanor can result in up to 12 months in prison and a fine of not more than $2,500, either or both. A second violation or loss of more than $200 is classified as a class 6 felony. If you are convicted of a class 6 felony in Virginia, you may end up in prison for not less than one year nor more than five years and a fine of not more than $2,500, either or both.
You should hire a professional and experienced attorney to represent your case if you are charged with identity fraud in SC or VA.
At Haley Law Firm, LLC, our committed group of criminal defense lawyers are here to defend your rights. Call today for a free consultation.