Identity fraud in Ohio involves using someone else’s personal identifying information such as credit, accessing financial accounts, or impersonating another person for personal gain under Ohio Revised Code § 2913.49. This crime is classified as a felony in Ohio, as it often leaves victims facing financial loss, damaged credit, and emotional distress.
Hamilton County Identity Fraud Defense Attorney
If you have been charged with Identity Fraud, you need to contact an experienced defense attorney immediately. Identity fraud cases take months or years to build, and defending against identity fraud charges take time and knowledge.
The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio. They have vigorously defended clients against charges ranging from misdemeanor to felony charges. Call today at (513) 317-5987 for your free case evaluation.
- Overview of Identity Fraud:
- Identity Fraud in Ohio
- Penalties
- Defenses
- Additional Resources
- Hire an Attorney for Identity Fraud
Identity Fraud under Ohio Law
Identity fraud occurs when an individual uses another person’s personal information without authorization for fraudulent purposes. Personal identifying information includes, but is not limited to:
- Social Security numbers
- Bank account numbers
- Credit or debit card information
- Driver’s license numbers
- Medical information
- Taxpayer identification numbers
The statute defines identity fraud as knowingly obtaining, possessing, or using another person’s identifying information with the intent to defraud or cause harm. The statute states as follows:
(A) As used in this section, “personal identifying information” includes, but is not limited to, the following: the name, address, telephone number, driver’s license, driver’s license number, commercial driver’s license, commercial driver’s license number, state identification card, state identification card number, social security card, social security number, birth certificate, place of employment, employee identification number, mother’s maiden name, demand deposit account number, savings account number, money market account number, mutual fund account number, other financial account number, personal identification number, password, or credit card number of a living or dead individual.
Some common examples of identity fraud in Ohio include:
- Credit Card Fraud: Using another person’s credit card information to make unauthorized purchases.
- Tax Fraud: Filing a tax return under someone else’s identity to claim a refund.
- Employment Fraud: Using false identification to secure employment or benefits.
- Medical Identity Theft: Using someone else’s information to obtain medical services or prescriptions.
Penalties for Identity Fraud in Ohio
The penalties for identity fraud in Ohio depend on the financial harm caused and the number of victims involved. Identity fraud is classified as a felony offense, and the severity increases with the amount of damage caused:
Fifth-Degree Felony: If the loss is less than $1,000.
- Up to 12 months in prison and
- Fines of up to $2,500.
Fourth-Degree Felony: If the loss is between $1,000 and $7,500.
- Up to 18 months in prison and
- Fines of up to $5,000.
Third-Degree Felony: If the loss is between $7,500 and $150,000.
- Up to 3 years in prison and
- Fines of up to $10,000.
Second-Degree Felony: If the loss exceeds $150,000 or if the crime impacts the elderly.
- Up to 8 years in prison and
- Fines of up to $15,000.
In addition to criminal penalties, offenders may face civil liability, restitution to victims, and the lifelong consequences of a felony record.
Defenses Against Identity Fraud Charges
Being charged with identity fraud does not guarantee a conviction. Several legal defenses may be employed, depending on the circumstances:
Lack of Intent
Demonstrating that the defendant did not knowingly use the information for fraudulent purposes.
Consent
Showing that the alleged victim gave permission to use their identifying information.
Additional Resources
- Ohio Revised Code § 2913.49: The statute defines identity fraud as knowingly obtaining, possessing, or using another person’s identifying information with the intent to defraud or cause harm. Read more details on the statute here.
- Theft Crimes: Theft refers to the illegal taking of another’s property without their permission. Theft can be charged as either a misdemeanor or a felony based on the value of the property. Read more how a criminal defense attorney can help here.
Hire an Attorney for Identity Fraud in Hamilton County
If you are facing criminal charges for identity fraud, you need to contact an experienced fraud attorney today. The Wieczorek Law Firm, LLC has defended clients since 2008. Mark Wieczorek defends those accused of identity fraud in Southern Ohio, as well as the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point.
Mark Wieczorek can be reached at (513) 317-5987 or by filling out an online contact form.
