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What to Expect If You've Been Accused of Identity Theft

Robert Stahle • December 12, 2018
owi charges - Sioux City, IA - Criminal Defense Attorneys


According to last year’s statistics, about 1 in every 15 people was the victim of identity theft . Considering that more people are using apps and the internet for everything from banking to grocery shopping, there’s an incredible amount of personal information out there that could potentially land in the wrong hands.

Identity theft is one of the most common types of cybercrimes, and it occurs when the identity or personal information of one person is used by another without their permission to commit a crime, such as an act of fraud. Nobody wants to be the victim of identity theft, and many people are proactive in protecting themselves against it. However, much isn’t said about the other side of identity theft – that being what happens when someone has been accused of an identity crime.

First Steps If You’ve Been Accused of Identity Theft


Being accused of any crime is a stressful and emotional time. It’s natural to become reactive and do everything possible to attempt to resolve the situation. However, it’s important to remember to keep calm so that you can think clearly through the process. If you’ve been accused of an identity theft crime, the first thing to do is contact a criminal defense attorney. The next step is learning about identity theft laws in your area and the potential consequences of being convicted.


Identity Theft Laws in Iowa and Nebraska

The definition of identity theft is essentially the same, regardless of which side of the state line you reside in. Any action of unlawfully obtaining, using or transferring a person’s identifying information – including credit card and banking account numbers – can be considered identity theft. However, there are some slight variances in how identity theft crimes are charged in Iowa and Nebraska.

Iowa law separates identity theft into two distinct categories, based on the monetary value associated with the crime. If the monetary loss is less than $1,000, it is considered to be an aggravated misdemeanor, punishable by up to two years in jail and a fine. If monetary loss exceeds $1,000 it is then considered a Class D felony, punishable by up to 5 years in prison and a fine.

Nebraska has a more complex system of penalties for identity theft, breaking it down into four levels of charges based on monetary value. The least of these charges is a Class II misdemeanor for a first offense with a loss value of less than $500. The highest level of an identity theft charge is a Class IIA felony, reserved for cases when monetary loss exceeds $5000. In almost all cases, restitution is ordered in addition to time served and any fines.

What Happens When You’ve Been Accused

If you’ve been accused of identity theft, you can expect there to be a criminal investigation, unless you admit guilt. If you’ve been wrongly accused, it’s important that you refrain from discussing the case with anyone but your attorney who can make sure that your innocence is defended.

Schedule a Consultation

If you’ve been accused of identity theft, you don’t have the privilege of waiting to see how it turns out. Evidence can stack up against you quickly and you need a criminal defense lawyer to defend your rights. Contact Fitch & Stahle Law today and let’s discuss your case.

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