Identity Theft & Fraud Criminal Defense

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Identity theft and fraud are among the fastest-growing crimes in the United States, affecting millions of individuals each year.

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In Tennessee, identity theft is considered a Felony crime. It is a malicious act where an individual’s personal information is fraudulently obtained and used by someone else without consent, to commit fraud or other crimes. It involves stealing and exploiting sensitive details such as Social Security numbers, credit card information, bank account numbers, and passwords.

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Perpetrators engage in various methods, including phishing emails, data breaches, skimming devices, and online scams, to acquire personal data and “steal identities.”

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Once in possession of the stolen information, identity thieves assume the victim’s identity to commit a range of crimes, such as credit card fraud, insurance fraud, mail fraud, and wire fraud. Victims are left with extensive financial losses and damaged credit scores. The law recognizes that victims can be individuals, banks, financial institutions, and businesses. 

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Tennessee Law for the Crime of Identity Theft

Tennessee Code Annotated § 39-14-150(b)(c), outlines the offense of this crime. It states that it is unlawful to possess, use, or distribute another person’s personal identifying information, including their name, address, Social Security number, date of birth, or financial account numbers, without their consent and with the intent to commit fraud or other illegal activities.

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Identity Trafficking is a part of this law in which “A person commits the offense of identity theft trafficking who knowingly sells, transfers, gives, trades, loans or delivers, or possesses with the intent to sell, transfer, give, trade, loan or deliver, the personal identifying information of another.”

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Penalties for Conviction

Individuals accused of these crimes can face severe legal penalties, including fines and imprisonment, not to mention long-lasting damage to their reputation and relationships.

Identity theft is generally a Class D felony, and Identity Trafficking is a Class C Felony. 

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Defense Against Charges of Identity Theft

Identity theft and fraud convictions can come with harsh penalties that you want to avoid. Not only would you have to worry about jail time and fines, but you could also face paying restitution and have a criminal record. A criminal record can affect your ability to get or keep a job, find housing, or obtain a loan, among other things.

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As an experienced criminal defense trial lawyer, Attorney Clarke will use his experience, talent, and skills to defend you. If you or a loved one has been charged with identity theft, identity theft trafficking, or fraud, you need the best possible defense for your unique case. Let us work with you to develop a strategy for your defense.

Call The Clarke Law Firm at (615) 796-6299 today and request a consultation with our reputable attorney today.