Virginia Identity Theft Attorney

Identity theft in Virginia is a serious criminal charge that can have wide-reaching effects if it results in a conviction.  If you or a loved one is charged with identity theft, contact the experienced criminal attorneys at Krum Gergely & Oates today for a free consultation.

What is identity theft?

Virginia Code section 18.2-186.3 defines identity theft as any of the following acts, if they are performed without the permission of the person who is the subject of the identifying information and with the intent to defraud for the use of the actor or a third party:

1. Obtain, record, or access identifying information that is not available to the general public and that would assist in accessing financial resources, obtaining identification documents, or obtaining the benefits of the person whose information it is;
2. Obtain money, credit, loans, goods, or services by using another person’s identifying information;
3. Obtain identification documents in the name of another person; or
4. Obtain, record, or access identifying information of another while impersonating a law enforcement officer or other Virginia government official.

All of these acts also qualify as identity theft if they are performed with the intent of selling or distributing the identifying information in question.

“Identifying information” includes another person’s name, date of birth, social security number, driver’s license number, bank account number(s), credit or debit card number(s), PIN number(s), passwords, fingerprints, etc.

What are the possible punishments for identity theft?

Identity theft can be a misdemeanor or a felony, depending on multiple factors.  If the financial loss resulting from the identity theft is less than $1,000, then it is a class 1 misdemeanor that can result in a sentence of up to 12 months imprisonment and/or a fine of up to $2,500.

Identity theft is a class 6 felony if it results in a financial loss of $1,000 or more, or if the defendant has already been convicted of identity theft at least one time in the past.  Class 6 felonies are punished by either one to five years imprisonment or up to 12 months incarceration and/or a fine of up to $2,500.

If the identifying information was obtained with the intent to distribute or sell the information and the information of five or more people were obtained, recorded, or accessed in the same transaction or occurrence, then identity theft is punished as a class 5 felony.  This means one to ten years, or imprisonment of up to 12 months and/or a fine of up to $2,500.

If the identifying information of 50 or more people was obtained, recorded, or accessed in the same transaction or occurrence, then identity theft is punishable as a class 4 felony, with two to ten years and a fine of up to $100,000.