Strategies to Use in the Event That You Are Charged With Identity Theft or Fraud


Identity theft penalties are severe, including imprisonment, monetary penalties, asset confiscation, and victim restitution. If you have been convicted of identity theft or fraud, it may be hard to get a job or a loan, so get help from a criminal defense attorney.

  • Insufficient Proof

The burden of proof rests with the prosecution in criminal trials, which must establish beyond a shadow of a doubt (sometimes known as “beyond a reasonable doubt”) that the accused committed the offense in question. The prosecution’s case might not be as solid as they believe it to be in fraud and identity theft cases.

Criminal cases require competent evidence collection. A skilled defense attorney can make an application to have evidence suppressed if the police or prosecution obtained it illegally or through questionable ways.

  • Intent is required for fraud and identity theft.

These offenses need intentional deception or illegality. You may be found innocent of the accusations brought against you if you and your attorney can prove beyond a reasonable doubt that you did not act maliciously.

Because you did not steal, unintentionally using someone else’s credit card is not a fraud. If you notice you are using someone else’s credit card and keep doing so, it is tougher to claim you did not mean to commit fraud.

  • Entrapment

Entrapment occurs when law enforcement forces someone to commit a crime. This argument makes it reasonable in theory, but judges and juries want offenders to be held accountable, making it hard to show.

Your counsel must prove entrapment with case facts:

  • Police suggested you conduct the crime.
  • You were not “ready and willing” to conduct the crime when contacted.
  • The cops encouraged or pressured you to perform the crime, potentially through unlawful conduct.
  • Mistaken Identity

Identity theft and other forms of fraud are progressively more likely to occur in online environments rather than physical ones as the percentage of individuals who spend significant portions of their life online continues to rise. A stranger thousands of miles distant could scam or steal a person’s identity. Law enforcement struggles to find perpetrators.

Police sometimes accuse the incorrect individual in fraud and theft of identity cases because they are hard to prove. A criminal defense attorney can assist you in giving police an alibi proving your innocence if you have been wrongfully charged with fraud or identity theft. Someone may have used your identity to perpetrate fraud against you.

  • Duress

In legal proceedings involving identity theft and fraud, the duress defense operates in a manner analogous to that of the entrapment defense. You may avoid punishment if you were forced to commit the offense.

The duress defense, like the entrapment defense, requires certain ingredients. If you want to use duress as an excuse for committing a crime, you must establish that you were in danger of extremely painful consequences if you did not act. You also faced greater risk than your victims.