Lawmakers have taken a hard line to deter individuals from engaging in identity theft and this is clear from the long docket of N.J.S.A. 2C:21-7 (“Impersonation; theft of identity; crime”) charges pending in Monmouth County. Whether the offense is committed in conjunction with obtaining a credit card, loan, cashing a check, a driver’s license, the penalties are significant if you are found guilty of identity theft. A conviction for impersonation or attempting to use false identity results in a felony criminal record and the possibility of being sent to state prison. This is ample reason for you to make certain that you hire a skilled attorney to defend you.
Our firm, Marshall, Bonus, Proetta & Oliver has a rich history in defending a broad array of criminal offenses at the Superior Court in Freehold NJ. This is the court where your case will be heard as the municipal court in Eatontown, Manalapan, Holmdel, Tinton Falls or any other town in the county lacks jurisdiction to decide a second degree, third degree and fourth degree identity theft case. We have considerable experience, in excess of 100 years between us, in defending violations in this jurisdiction with several attorneys who have even served as prosecutors. A lawyer on our staff is available for free consultation 24/7 in our Freehold Office at 732-462-1197.
Charged With Identity Theft in Monmouth County
The identity theft law sets forth five (5) scenarios under which an individual may be charged with identity theft. N.J.S.A. 2C:21-17 is violated when someone:
- Impersonates or assumes the identity of another in order to derive a benefit or defraud another;
- Pretends to be a representative of a person or entity and attempts to obtain a benefit or defraud another;
- Uses a false identity or makes a false or misleading statement regarding identity to secure services;
- Obtains the personal information of another person without his or her authorization for the purpose of fraudulently obtaining benefits, avoiding debt or escaping prosecution; or
- Utilizes false information regarding identity in making an application for services with the purpose of avoiding payment for prior services.
Identity theft is a fourth degree crime where the amount of the fraud is less than $500 and involves a single victim. A second or subsequent conviction of identity theft of less than $500 is a third degree crime. Third degree identity theft is also triggered where the accused commits a fraud of at least $500 but less than $75,000 or defrauds two to four victims. A second degree crime for identity theft results where the losses exceed $75,000, or where the offense involves the identity of five or more victims.
Use of Identity To Obtain Alcohol or Tobacco. N.J.S.A. 2C:21-17 carves out an exception where an individual misrepresents his identity or personal information in order to illegally purchase alcoholic beverages or tobacco. For additional information on Fake ID charges, click here.
Restitution of the Victim. A victim is entitled to restitution for his or her losses resulting from the fraudulent conduct, as well as the cost associated with any public records or documents.
Freehold NJ Identity Theft Defense Lawyer
If you were arrested in Ocean, Howell, Middletown, West Long Branch, Neptune or another municipality, your case will be sent to the county court. The identity theft attorneys at our firm are adapt advocates with decades of success stories handling indictable criminal charges like yours in Freehold. To speak to a lawyer at our office any time of day or night, call our Red Bank Office at 732-450-8300. Our lawyers are prepared to undertake a comprehensive review of your case and formulate an effective strategy in your defense.
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