Identity Theft

Identity theft-related crimes are viewed as very serious violations by most judges and prosecutors, with dedicated special units in law enforcement agencies and State’s Attorney’s offices across the country. In addition, victims of these crimes typically pressure the state to prosecute to the fullest after the invasion of their privacy. 

These cases are complicated and often involve complex records and multiple witnesses. It is important to hire an attorney immediately after being charged with one of these offenses in order preserve evidence and build a defense. 

In Maryland, the identity theft statute is broken down into several sections:  

1. First, it is illegal to obtain, without consent, personal identifying information of someone else to get some benefit, credit, good, service, or other thing of value. The definition of “personal identifying information” is very broad and includes name, address, telephone number, social security number, place of employment, mother’s maiden name, bank or financial institution account number, date of birth, credit card number, or other personal identification number. 

2. It is illegal to assume another’s identity to avoid identification, apprehension, or prosecution of a crime. For this section of the statute, the identity assumed can be of an actual person or a fictitious person.  

3. Also, assuming another’s identity to get a benefit, credit, good, service, or other thing of value or to avoid payment of a debt or other legal obligation is prohibited. 

4. Additionally covered under the identity theft statute is the use of a re-encoder or a skimming device to take information off the magnetic strip of a credit card and place it onto another without permission. A person can be charged for simply being in possession of one of these devices with intent to use, sell or transfer identifying information of another person. Read more about credit card theft here. 

5. Finally covered under the identity theft statute is a person may not claim to be representative of someone else in order to obtain identifying information or payment device number. 

What are the penalties for identity theft? 

The legislature wants to send a message that these types of crimes will not be tolerated and therefore penalties can be harsh. If the benefit, good, service or other thing of value received after assuming the identity of another person is over $500, the penalty can be up to 15 years in prison and/or a $25,000 fine. If the value is under $500 the penalty can be up to 18 months in prison and/or a $5,000 fine. 

If the benefit, good, service or other thing of value received after assuming the identity of another person is over $1,500, the penalty can be up to 20 years in prison and/or a $25,000 fine. If the value is under $1,500 the penalty can be up to 1 year in prison and/or a $500 fine. 

If a person is found to have manufactured or distributed another person’s personal identifying information the penalty can also be up to 10 years in prison and a $25,000 fine. Once convicted, the person may also be responsible for restitution including attorney’s fees and the cost of clearing the victim’s credit history and any lawsuits or liens that arose because of the identity theft. 

The criminal defense team at Silverman Thompson is committed to providing our clients with the highest standard of defense.   

If you or a loved one requires defense in a case regarding identity or credit card theft, please contact us toll-free at 800-385-2243 for a free consultation.   

Disclaimer: This page is informative in nature. The information contained herein is not to be considered legal advice and there is no attorney-client relationship formed between Silverman Thompson and the reader.