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Clarkston Identity Theft Lawyer

Continual advances in technology have made personal information far more accessible via the Internet. Consequently, criminal accusations of identity theft have risen significantly. If you are facing allegations of identity theft, you may wish to get the advice of a Clarkston identity theft lawyer.

By better understanding the parameters of identity theft, you might be able to pursue a positive outcome in your case more effectively. Identity theft is a form of fraud, differing from other forms of theft. A skilled fraud attorney can assist you in understanding the nuances of the law and how they might apply to your situation.

Defining Identity Theft in Clarkston

Michigan Compiled Laws §445.65 prevents individuals from using or attempting to use the personal identifying information of others with an intent to defraud or violate the law to obtain any of the following:

  • Credit
  • Goods or services
  • Money
  • Property
  • Records
  • Employment
  • Commit other unlawful acts

Furthermore, MCL §445.67 specifies additional acts that qualify as identity theft, such as sending an email on behalf of a business without its consent to gain identifying information from others or selling the personal identifying information of others with the knowledge that they will use it to commit identity theft or other crimes. A Clarkston identity theft attorney can advocate on your behalf if you are facing charges for identity theft under state law.

Affirmative Defenses to Identity Theft

The Identity Theft Protection Act provides affirmative defenses that individuals accused of this offense may be able to use in criminal prosecutions for identity theft. Those raising such defenses must prove the applicability of the defenses with a preponderance of evidence. These defenses include:

  • The individuals gave a bona fide gift to or for the benefit of the person for whose personal identifying information was used
  • The individuals were acting in lawful pursuit or enforcement of their legal rights, such as investigation of a crime, tax liability, or another claim
  • State or federal laws, rules, or regulations authorized the actions
  • The individuals had the permission of the person whose identifying information they used unless the person giving consent knew that the information would be used to commit an unlawful act

In using these defenses, individuals admit that they committed the acts alleged, but argue that they had the authority to do so. An experienced identity theft lawyer in Clarkston may be able to give advice about the relevancy of these defenses in specific cases.

Penalties for Identity Theft in Clarkston

Identity theft is a felony under state law. MCL §445.69 provides that the first conviction for identity theft can result in up to five years in prison, a fine of up to $25,000, or both. A second conviction carries the potential for up to ten years in prison and/or a fine of $50,000.

For a third or subsequent conviction, the potential prison sentence increases to a maximum of 15 years and a fine of up to $75,000. These penalties may also be in addition to any penalties that you face upon conviction for a crime that you committed using wrongfully obtained personal identifying information.

Call a Clarkston Identity Theft Attorney for Help

Identity theft can result in felony charges, carrying the potential for severe penalties. Fortunately, various affirmative defenses exist that may apply in your case.

A Clarkston identity theft lawyer can assist you in identifying these defenses and working toward resolving your case. Call today to retain excellence in criminal defense and start working on your case.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.