What Penalties Are Associated With Identity Theft in Michigan?

Facing identity theft charges can be overwhelming, as these offenses are taken very seriously under Michigan law. The penalties for a conviction of identity theft can include prison time, hefty fines, and a permanent criminal record. Understanding what actions qualify as identity theft, how it is punished, and what to do if you’ve been charged can help protect your rights and future. Read on and speak with an Upper Peninsula criminal defense lawyer to obtain skilled legal representation today.

How is Identity Theft Defined?

In Michigan, identity theft is defined and penalized under the Identity Theft Protection Act, MCL 445.61 to 445.79d. Under this law, it is illegal for an individual to use or attempt to use the personal identifying information of another person to do the following, either with intent to defraud or violate the law, or by concealing, withholding, or misrepresenting the person’s identity:

• Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment; or
• Commit another unlawful act

In general, identity theft involves the use or attempted use of another person’s personal information without authorization to commit fraud or another illegal action. Common examples of behaviors that constitute this offense include opening a credit card or bank account in another person’s name, using another person’s Social Security number to take out a loan, filing unemployment claims using stolen personal data, and more.

What Penalties Are Associated With Identity Theft in MI?

Identity theft is typically charged as a felony offense in Michigan. Any person who violates this law and is convicted can be punished by a term of imprisonment for up to 5 years and fines of up to $25,000. A second offense can result in up to 10 years in prison and fines of up to $50,000, and a third or subsequent violation can yield up to 15 years in prison and fines of up to $75,000.

It is important to note that aggravating factors can enhance the penalties you incur. For example, offenses involving multiple victims, repeat offenses, excessive financial loss, the involvement of vulnerable victims, and more can influence the outcome of your conviction.

What Defenses Can I Use During My Case?

If you are facing identity theft charges in Michigan, understanding the defensive tactics available to you is crucial in protecting yourself. With the help of a skilled attorney, you may be able to implement one or more of the following.

• Lack of intent to defraud
• Mistaken identity
• False accusation
• Insufficient evidence
• Illegal search or seizure

A criminal defense lawyer can help identify weaknesses in the prosecution’s case, negotiate plea deals, or seek diversion options depending on the circumstances. Reach out to an experienced attorney today for more information and legal assistance.