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Identity Theft

Fraudulently using or attempting to use another’s identification information such as their credit card or social security number is a serious financial crime that could result in life-altering penalties. The crime is committed by using acts of fraud, theft, or deception and the offender’s motive is usually financial such as obtaining credit, property, goods, or cash. Because the crime financially harms another person, the penalties for identity theft in Iowa are very harsh. The lightest penalty a person can receive for identity theft is an aggravated misdemeanor, which does include time in jail as a sentencing condition.

White-collar crimes can be difficult to defend as there’s a lot of documentation and financial tracing involved. For that reason, it’s not just important but essential you have an attorney on your side who has an extensive understanding of how to track a person’s finances and has a background in economic crimes. If you or someone you know has been accused of identity theft, don’t wait to gain legal representation and contact an identity theft attorney today.

Identity Theft Defense Attorney in Des Moines, Iowa

The penalties for identity theft could alter your life plans permanently as you may be required to spend time behind bars and pay steep fines if you’re convicted. Instead of going into the courtroom without support, exercise your legal right to secure counsel by calling McCarthy & Hamrock, P.C..

McCarthy & Hamrock, P.C. is a team of experienced and skilled white-collar crime attorneys with a thorough background in finances and business practices. Our attorneys can analyze financial records and any other documents needed to prove your innocence or reduce your statutory penalties. To find out your options, call McCarthy & Hamrock, P.C. today at (515) 279-9700. We practice throughout the greater Polk County and Dallas County area including West Des Moines, Waukee, Minburn, Alleman, Polk City, Windsor Heights, Redfield, and Runnells.

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Legal Definitions for Identity Theft

Using another’s information for your gain is considered identity theft in the state of Iowa. Before you learn about the statute for identity theft, it’s important you understand what information is susceptible to identity theft. The term “identification information” includes but is not limited to the following identifying information:

  • Name
  • Address
  • Date of birth
  • Social security number
  • Student identification number
  • Military identification number
  • Alien identification or citizenship status number
  • Employer identification number
  • Signature
  • Electronic mail signature
  • Electronic identifier or screen name
  • Biometric identifier
  • Genetic identification information
  • Access device
  • Logo
  • Symbol
  • Trademark
  • Place of employment
  • Employee identification number
  • Parent’s legal surname prior to marriage
  • Demand Deposit account number
  • Savings or checking account numbers
  • Credit or debit card numbers

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Laws Against Identity Theft in Iowa

To combat identity theft, the state of Iowa has implemented harsh penalties for those who commit the crime. These punishments are outlined under Section 715A.8, which states a person is guilty of identity theft if they fraudulently use or attempt to use identification information of another person with the intent to obtain property, services, goods, or money.

The penalties for identity theft depend on the facts of the case and how much was defrauded. If the value of goods, services, property, credit, or other benefits does not exceed $1,500, then the crime is classified as an aggravated misdemeanor. The maximum penalty for an aggravated misdemeanor includes:

  • Up to two years in jail; and
  • A fine ranging between $625 and $6,250

Defrauding more than $1,500 will result in a class D felony, which is punishable by:

  • Up to 5 years in prison; and
  • A fine ranging between $750 and $7,500

If the value exceeds $10,000, then the offender will face a class C felony instead. The sentencing guidelines for a class C felony in Iowa include:

  • Up to 10 years in prison; and
  • A fine ranging between $1,000 and $10,000

In addition to these penalties, the court may ask the offender to pay additional restitution costs to the alleged victim and family. The victim is also eligible to file a claim against the offender for payment of damages suffered including costs of recovery and legal fees.

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Additional Resources

Cyber Crime Victim Support – Visit the official website of the Colorado Bureau of Investigation (CBI) to learn more about identity theft. Access the site to obtain the CBI 24-hour Identity Theft & Fraud hotline as well as what to do if you find out your identity has been stolen.

Identity Theft Laws in Iowa – Visit the official website for the Iowa Legislature to read up on their identity theft legislation. Access the site to see the elements of identity theft, penalties, the jurisdiction of the crime, and other relevant information.

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White Collar Attorney for Identity Theft in Des Moines, IA

If you or someone you know has been charged with identity theft, we highly recommend you find legal counsel with McCarthy & Hamrock, P.C.. Our attorneys have been defending clients from white collar crime accusations for collectively forty years. That experience gives our legal team the knowledge we need to go up against any challenge that may appear before or during the trial. Don’t be idle when it comes to your legal representation and call McCarthy & Hamrock, P.C..

Set up your first consultation with McCarthy & Hamrock, P.C. by calling us at (515) 279-9700. McCarthy & Hamrock, P.C. is based in West Des Moines, but we accept clients throughout the greater Des Moines, Polk County, and Dallas County, Iowa area.

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