Las Vegas Identity Theft Defense Attorney Explains the Charge and Punishments for ID Crimes in Nevada (NRS 205.461)
Identity theft is a crime that involves using another person’s identifying information to access money or property that belongs to them. A common example is using another person’s credit card to make purchases without their consent or knowledge. Identity theft is a serious crime that is often publicized in the media. An identity theft conviction can have negative consequences on future job prospects and other rights, especially if you are convicted of a felony.
If you are suspected of identity theft or arrested for identity theft, contact a Las Vegas criminal lawyer as soon as possible to represent you.
What activities are considered identity theft in Nevada?
sing personal identifying information to:
- Impersonate someone
- Obtain nonpublic records
- Obtain credit
- Obtain goods, services, or other benefits in the name of another person or
- Any other unlawful use of the information
may be identity theft. Personal identifying information can mean a number of things, such as:
- The current or former name of a person
- Driver’s license number
- Social Security number
- Bank account numbers
- Date of birth
- Maiden name
- Fingerprints or other biometric information
- License number used in a person’s occupation or
- Other identifying information.
Who can be a victim of identity theft?
Nevada law does not care whether the person whose identity is stolen is dead or alive, and the fact that the person is dead is not a defense to identity theft crimes in Las Vegas.
If the victim is an older person (someone over the age of 60) or a vulnerable person (someone with a mental or physical limitation that restricts his or her ability to perform the normal activities of daily living), the penalties for an identity theft conviction will be increased.
How is identity theft punished in Las Vegas, Nevada?
Punishments for identity theft in Las Vegas depend on who the victim is, how many victims there are, and the amount of damage that is done.
Most identity theft charges are Category B felonies. Category B felonies are punishable by 1 to 20 years in a Nevada prison and fines up to $100,000 (one hundred thousand dollars). Because identity theft is a theft crime, your sentence will also include a restitution requirement.
Top Rated Criminal Lawyer
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
TOP RATED ON: SUPER LAWYERS, AVVO, NATIONAL TRIAL LAWYERS
Enhanced Penalties in Certain Identity Theft Cases
There is a minimum three year prison sentence in a Nevada prison if any of the following is true about your case:
- A vulnerable or older person is a victim or
- There are five or more victims or
- The victim loses more than $3,000 or
- The identity of another person is used to avoid prosecution for a crime.
Identity theft can have long lasting consequences for the victim, so Nevada law also requires people convicted of identity theft to pay the victim for the cost of repairing his or her credit.
Using Technology to Steal Identities from Outside Nevada
It is not a defense to the Las Vegas charge of identity theft that a person did not steal personal information from within the state’s borders. The state also provides separate penalties for stealing identifying information using radio frequencies.
Identity Theft is also a Federal Crime
Identity theft is also punishable under federal laws. Under federal law, it is illegal to “knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.”
The Identity Theft and Assumption Deterrence Act provides for prison time of up to 15 years and substantial fines.
Identity theft is a serious charge in Nevada that is best defended by qualified Las Vegas identity theft lawyers. Contact us to discuss your case and how to defend your rights.