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.
Click to open Attorney Donovan’s Calendar to Schedule a Personal No Obligation Phone 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 perpetuate 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?
The crime of Identity Fraud is taken very seriously and can result in severe consequences if convicted. The punishment for Identity Fraud is a fine of up to $5,000 and/or up to 2½ years imprisonment, plus restitution payment for all financial loss the victim incurred as a result of the identity theft. If you are facing these charges it is essential that you contact an experienced criminal defense attorney right away to discuss your options.
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.