Identity Theft Lawyer
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Strategic Defense Against Identity Theft Charges in Pennsylvania
Have you been a victim of identity theft in Philadelphia? The Philadelphia identity theft lawyers at Pagano Law are here to help. Identity theft charges in Philadelphia and Pennsylvania as a whole come with some serious consequences, including prison time, heavy fines, and a permanent criminal record that could follow you for the rest of your life.
The experienced attorneys at Pagano Law understand the penalties and how these can impact nearly every aspect of your life. Our Philadelphia identity theft lawyers have a proven track record of success, and work tirelessly to defend our clients against a wide variety of identity theft charges. We understand how overwhelming it is to be accused of identity theft, and how confusing it is for our clients; therefore, our attorneys are transparent and want to ensure the best possible outcome for your case.
If you have been arrested or are under investigation for identity theft in Philadelphia, get in touch with the experienced attorneys at Pagano Law today for a free consultation, so we can get started on building your defense.
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Philadelphia Identity Theft Lawyer
What is Identity Theft?
Identity theft is when a person knowingly uses another person’s identifying information to commit fraud or other crimes. In Pennsylvania, identity theft is governed by 18 Pa. C.S. § 4120, which broadly defines the offense to cover a wide range of conduct involving the unauthorized use of another person’s identity.
Personal identifying information in Pennsylvania consists of someone’s name, Social Security number, birth date, driver’s license number, financial account numbers, credit card numbers, passwords, and any other information that can be used to assume someone’s identity.
Identity theft can take many forms, and prosecutors in Philadelphia pursue these cases aggressively. Common conduct that leads to identity theft charges includes:
- Using someone else’s credit card or bank account information without permission
- Opening new lines of credit or financial accounts in another person’s name
- Filing fraudulent tax returns using a victim’s Social Security number
- Using a stolen identity to obtain government benefits or employment
- Accessing someone’s online accounts or financial records without authorization
- Using another person’s identifying information to avoid a criminal record or traffic violations
It is important to note that identity theft charges can arise even when no direct financial gain was involved. When identity theft is alleged, it requires an intent to deceive or defraud sufficient to trigger criminal liability under Pennsylvania law. It’s important to note that federal charges could be filed as well if the conduct crosses state lines or involves any federal agencies. Penalties for a federal offense are often much harsher than those on the state level.
It’s important to have an experienced Philadelphia criminal defense lawyer to help you throughout the process, and to ensure the best possible outcome for your case.
What Are the Penalties for Identity Theft in Philadelphia?
The penalties for identity theft in Pennsylvania depend primarily on the number of victims involved and the total value of the property or financial benefit obtained through the offense. Pennsylvania law treats identity theft as a graded offense, meaning the severity of the charges and the potential penalties increase with the scale of the alleged crime.
Third-Degree Felony
When the offense involves a single victim, and the value of the property or benefit obtained is less than $2,000, identity theft is charged as a third-degree felony. A conviction at this level carries up to seven years in prison and fines of up to $15,000.
Second-Degree Felony
When the offense involves two or more victims, or the value of the property or benefit obtained reaches $2,000 or more, identity theft is charged as a second-degree felony. A conviction at this level carries up to ten years in prison and fines of up to $25,000.
First-Degree Felony
When the offense involves ten or more victims, identity theft is charged as a first-degree felony, the most serious classification under Pennsylvania law. A conviction at this level carries up to twenty years in prison and fines of up to $25,000.
Federal Identity Theft Charges
When alleged identity theft involves interstate activity, federal financial institutions, or federal benefit programs, charges may be brought at the federal level rather than in state court. Federal identity theft offenses carry their own significant penalties. Under the Identity Theft and Assumption Deterrence Act, a conviction can result in up to fifteen years in federal prison, while aggravated identity theft charges carry mandatory minimum sentences of two years, which must be served consecutively to any other sentence imposed.
Collateral Consequences
Beyond prison time and fines, a felony identity theft conviction carries lasting collateral consequences that can affect nearly every area of your life. A conviction can result in the loss of professional licenses, difficulty securing employment or housing, restrictions on firearm rights, damage to your credit and financial standing, and immigration consequences for non-citizens. These long-term consequences make it critical to mount the strongest possible defense from the moment charges are filed.
How Can Our Philadelphia Identity Theft Lawyers Help?
Facing identity theft charges in Philadelphia is a serious matter, and the decisions you make in the early stages of your case can have a lasting impact on the outcome. At Pagano Law, our Philadelphia identity theft lawyers are committed to providing aggressive, strategic defense representation from the moment you reach out to us. Here is how we can help.
Thorough Case Investigation
Every identity theft case begins with the evidence, and not all evidence is as straightforward as prosecutors make it appear. Our legal team conducts a comprehensive review of the facts surrounding your charges, examining how the evidence was obtained, whether law enforcement followed proper procedures, and whether the prosecution’s theory of the case holds up under scrutiny. We leave no stone unturned in identifying weaknesses in the government’s case against you.
Challenging the Evidence
Identity theft cases often rely heavily on digital evidence, financial records, and data obtained through search warrants or subpoenas. Our attorneys carefully examine whether this evidence was lawfully obtained and whether it was properly handled and preserved. If law enforcement violated your Fourth Amendment rights at any point during the investigation, we will move to suppress that evidence and fight to have it excluded from your case.
Building a Strong Defense Strategy
There is no one-size-fits-all defense to identity theft charges. Our lawyers take the time to understand the specific facts of your situation and build a defense strategy tailored to your case. Depending on the circumstances, we may challenge whether you had the intent to defraud, whether you had authorization to use the information in question, or whether you were wrongly identified as the person responsible for the alleged conduct.
Negotiating with Prosecutors
Not every case goes to trial, and in many situations, negotiating with prosecutors can result in reduced charges, lesser penalties, or alternative sentencing options that keep you out of prison. Our attorneys have extensive experience working with Philadelphia prosecutors and understand how to leverage the strengths of your case to pursue the best possible outcome.
Aggressive Courtroom Representation
When your case goes to trial, you need a defense team that is prepared to fight for you in court. Our Philadelphia identity theft lawyers are experienced trial attorneys who know how to present a compelling defense, cross-examine the prosecution’s witnesses, and challenge the government’s evidence before a judge and jury. We approach every trial with the preparation and determination your case deserves.
Guidance Through Every Step
Being charged with a crime is a stressful and often confusing experience. Our team is here to guide you through every stage of the legal process, answering your questions, keeping you informed about the status of your case, and making sure you understand your options at every turn. When you work with Pagano Law, you are never left in the dark.
What To Do If You’re Accused of Identity Theft in Philadelphia
Being accused of identity theft in Philadelphia can be a frightening and disorienting experience. Whether you have been formally arrested, received a target letter, or simply learned that you are under investigation, the steps you take in the immediate aftermath can significantly affect the outcome of your case. Here is what you need to know.
Stay Calm and Do Not Panic
An accusation is not a conviction. Regardless of the circumstances surrounding your arrest or the allegations being made against you, you have rights, and those rights exist to protect you throughout the legal process. Staying calm and thinking clearly in the early stages of your case is essential to making smart decisions going forward.
Exercise Your Right to Remain Silent
One of the most important things you can do after being accused of identity theft is to stop talking. Anything you say to law enforcement, investigators, or even acquaintances about your case can be used against you. Do not attempt to explain yourself, provide context, or try to clear your name without an attorney present. Politely but clearly invoke your right to remain silent and request an attorney before answering any questions.
Do Not Consent to Searches
If law enforcement asks to search your home, vehicle, phone, computer, or any other property, you have the right to refuse. Consenting to a search gives investigators access to evidence they may not have been able to obtain otherwise. Do not assume that cooperating with a search will make you look innocent or result in leniency. Contact an attorney before agreeing to anything.
Avoid Discussing Your Case Online or with Others
In the age of social media, it is tempting to reach out to friends, post about your situation, or attempt to tell your side of the story publicly. Do not do this. Statements made on social media, in text messages, or in conversations with people other than your attorney are not protected and can be obtained by prosecutors. Keep the details of your case private and discuss them only with your legal team.
Do Not Attempt to Contact the Alleged Victim
Reaching out to the alleged victim in an identity theft case, even with good intentions, can be interpreted as witness tampering or an attempt to interfere with the investigation. This can result in additional charges and seriously damage your defense. Leave all contact with alleged victims to your attorney.
Preserve Any Evidence That May Help Your Case
If you have documentation, records, communications, or any other evidence that supports your innocence or provides context for the allegations against you, preserve it and bring it to your attorney’s attention as soon as possible. This includes bank records, emails, text messages, receipts, and any other materials that may be relevant to your defense.
Have You Been Accused of Identity Theft? Contact Pagano Law Today!
An identity theft charge can turn your life upside down in an instant. The threat of felony convictions, years in prison, and a permanent criminal record makes it absolutely critical to have a skilled and experienced defense attorney fighting for you from the very start. At Pagano Law, we understand what is at stake, and we are committed to providing the aggressive, personalized representation you need to protect your future.
Our Philadelphia identity theft lawyers have extensive experience defending clients against state and federal charges throughout Philadelphia and the surrounding counties. We know how prosecutors build these cases, and have the experience necessary to defend you against these charges. From the moment you contact our firm, we get to work reviewing your case, identifying your strongest defenses, and developing a strategy aimed at achieving the best possible outcome for you.
Do not wait to get help. The sooner you have legal representation, the better positioned you will be to fight these charges. Evidence can disappear, witnesses’ memories fade, and early decisions made without proper legal guidance can close off options that might otherwise be available to you. Every day you wait without an attorney is a day the prosecution has to build its case against you.
When your freedom and your future are on the line, you deserve a legal team that will fight for you with everything it has. Contact Pagano Law today to schedule your free consultation with an experienced Philadelphia identity theft lawyer. We are here to listen, here to help, and here to fight for you.
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Questions about Identity Theft Lawyer
Our attorneys field these questions daily. Here are the most common ones — but every situation is unique. Call us for a direct answer about your case.
Speak with an AttorneyCan I be charged with identity theft even if I did not profit financially?
Yes. Pennsylvania law does not require that you actually gained money or property to be charged with identity theft. The statute focuses on the unauthorized use of another person’s identifying information with the intent to defraud. If prosecutors can establish that intent, you can face charges regardless of whether any financial benefit was actually received.
Can identity theft be charged alongside other crimes?
Yes, and this is common. Identity theft charges frequently accompany related offenses such as forgery, theft by deception, access device fraud, computer fraud, and conspiracy. Prosecutors often stack multiple charges stemming from the same alleged conduct, which can significantly increase the potential penalties you face. Having an attorney who understands how these charges interact with one another is essential to mounting an effective defense.
What is the difference between state and federal identity theft charges?
Whether you are charged at the state or federal level depends largely on the nature of the alleged conduct. State charges under Pennsylvania law typically apply when the offense is confined to activity within the commonwealth. Federal charges come into play when the alleged conduct involves interstate activity, federal financial institutions, federal benefit programs, or federal agencies such as the IRS or Social Security Administration. Federal charges generally carry harsher penalties and are prosecuted by United States Attorneys rather than local district attorneys.
Will I have a criminal record if I am charged but not convicted?
A charge alone does not create a permanent criminal record in the traditional sense, but arrest records are publicly accessible and can appear in background checks. If your case is dismissed or you are acquitted, you may be eligible to have your arrest record expunged under Pennsylvania law, which would remove it from public view. An attorney can advise you on whether expungement is an option based on the outcome of your case.
Can a first-time offender avoid prison time on an identity theft charge?
It is possible in some circumstances, depending on the grade of the offense, the facts of the case, and your prior record. Pennsylvania courts have some discretion in sentencing, and alternatives such as probation, restitution, or diversionary programs may be available to first-time offenders in certain situations. However, identity theft is a felony offense, and there are no guarantees without a thorough review of your specific case by an experienced defense attorney.
What if the alleged victim is someone I know personally?
The relationship between you and the alleged victim does not change the nature of the charges, but it can affect how the case unfolds. Identity theft between family members, romantic partners, or coworkers does occur, and these cases can involve complicated circumstances around consent, shared access to accounts, or misunderstandings about authorization. An attorney can help untangle the facts and present context that may be critical to your defense.
How long does the prosecution have to bring identity theft charges against me?
In Pennsylvania, the statute of limitations for most felony offenses is five years from the date the alleged crime was committed. However, there are exceptions that can toll or extend this period, particularly when the alleged conduct was concealed or when the victim did not discover the theft immediately. If you are concerned about charges related to past conduct, an attorney can evaluate whether the statute of limitations may apply to your situation.