The mistake someone makes that leads to an identity theft may take only seconds. A waiter or convenience store clerk may swipe a credit or debit card through a magnetic card reader or "skimmer" to capture the account number and name of the cardholder. It is not unusual for stolen credit card information to be obtained by someone in one state, mailed to someone in another state, and then sold overseas.
If you have been charged with identity theft, you may have taken part in any one of these transactions. Or, you may be wrongfully targeted. Whatever the case, you are facing serious consequences because your case is charged in federal court — and federal sentencing enhancements are in force.
Turn to an experienced criminal defense attorney — one with tested federal trial experience. Crimnial Defense attorney Joseph A. Ingram is committed to protecting the rights of people accused of crimes in Alabama or federal courts, including identity theft.
Contact our Birmingham law office for a free initial consultation.
The federal penalties for identity theft are serious. In July 2004, President Bush signed the Identity Theft Penalty Enhancement Act into law, increasing penalties for identity theft and defining a new crime called "aggravated identity theft."
What you may ordinarily think of as identity theft is the situation where someone steals identification documents and uses them to steal money, empty a bank account, or commit fraud.
Aggravated identity theft is a related but slightly bigger concept. It is when someone "knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person" while committing another felony. The felony can be any of a long list, which includes embezzlement, fraud, lying in order to acquire a firearm, obtaining customer information by false pretenses, and even immigration offenses.
The crimes are quite similar in definition, and these days most people charged with aggravated identity theft are also facing lesser charges of identity theft. Why? A conviction for aggravated identity theft adds two years to the end of your sentence.
The U.S. Supreme Court has recently ruled that, in order to obtain an identity theft conviction, prosecutors must prove that the defendant intended to steal another person's identity. This is not always easy, especially in cases involving computer-based evidence.
As I mount your defense, I will see to it that the government is required to prove every element of its case beyond a reasonable doubt. At each step, I look for ways to protect your rights, strengthen your defense and weaken the government's case.
Without detailed evidence, intent can be quite difficult to prove. When it comes to evidence discovered by the government via computer, there may be many legal issues available to your defense.
We do not back down, even when the facts of the case seem overwhelming and the might of the federal government seems unbeatable. Call me at 205-335-2640 or contact us online for a free initial consultation at my Birmingham, Alabama, law office.
1027 23rd Street South
Birmingham, AL 35205
WE HANDLE CASES IN THE FOLLOWING STATES AND NATIONALLY: WE HAVE HANDLED CASES IN ALL 67 COUNTIES IN ALABAMA INCLUDING BUT NOT LIMITED TO: BIRMINGHAM, ALABAMA, HUNTSVILLE, ALABAMA, FLORENCE, ALABAMA, MONTGOMERY, ALABAMA MOBILE, ALABAMA, DECATUR, ALABAMA, CULLMAN, ALABAMA, DAPHNE, ALABAMA, FAIRHOPE, ALABAMA, ORANGE BEACH, ALABAMA, GULF SHORES, ALABAMA, PANAMA CITY, FLORIDA, JACKSONVILLE, FLORIDA, FT. LAUDERDALE, MIAMI, GULFPORT.