Identity Theft

Trenton NJ Identity Theft Lawyers

The crime of identity theft, which is also known as impersonation, has been on the rise over years in counties throughout New Jersey, including Mercer County. As you will see below, to be charged with identity theft, it must be alleged that individual assumed the identity of another in order to obtain some form of a benefit. Whether it was to collect on a fraudulent social security account or in order to use a fraudulent credit card, the charges are serious and should not be taken lightly. Furthermore, more often than not, a Defendant charged with identity theft will also be charged with theft of moveable property, theft by deception, credit card fraud, burglary, receiving stolen property and even fencing. If you or a loved one has been charged with any of the previously mentioned offenses or any other offense for that matter in Mercer County, the Law Offices of Proetta & Oliver can help. New Jersey takes theft related offenses very seriously and as such tends to prosecute them to the fullest extent of the law. If you would like to speak to one of our Mercer County criminal defense attorneys about your options then please contact us directly at (609) 789-0779.

The criminal defense attorneys at Proetta & Oliver have been defending clients accused of theft related crimes like identity theft in courts throughout New Jersey, including courts throughout Mercer County for years now. Our attorneys will aggressively challenge the evidence presented against you in order to workout a favorable resolution for the charges. We serve all of Mercer County including towns like Lawrence, Hamilton, Ewing, Trenton, Robbinsville, Hopewell and West Windsor. If you would like to discuss your options with one of our attorneys today then please contact us at 609-689-0779 or email us.

Identity Theft Defense Attorneys in Hamilton NJ

As touch upon earlier, the crime of identity theft seeks to criminalize a situation where someone steals the identity of another in order to obtain some type of benefit as a result. The term benefit is rather broad but it has been defined as “any property, any pecuniary amount, any services, any pecuniary amount sought to be avoided or any injury or harm perpetrated on another where there is no pecuniary value”. All impersonation charges (identity theft) charges will be governed by NJSA 2C:21-17 of the New Jersey criminal code. It has been broken down into five different subsections which actually cover different types of conduct. Here is a breakdown of each subsection.

  • NJSA 2C:17a(1): In order to be convicted of identity theft in New Jersey, the prosecution must prove the following elements beyond a reasonable doubt:
    • That the Defendant knowingly impersonated another or assumed a false identity;
    • After doing so, the Defendant knowingly committed an act in such assumed character or false identity; &
    • The Defendant’s underlying purpose in doing so was:
      • To obtain a benefit for himself/herself, or
      • To obtain a benefit for another, or
      • To injure another, or
      • To defraud another.
  • NJSA 2C:17a(2): In order to be convicted of identity theft in New Jersey, the prosecution must prove the following elements beyond a reasonable doubt:
    • That the Defendant knowingly pretended to be a representative of a person or organization;
    • After doing so, the Defendant knowingly committed an act in such pretended capacity; &
    • The Defendant’s underlying purpose in doing so was:
      • To obtain a benefit for himself/herself, or
      • To obtain a benefit for another, or
      • To injure another, or
      • To defraud another.
  • NJSA 2C:17a(3): In order to be convicted of identity theft in New Jersey, the prosecution must prove the following elements beyond a reasonable doubt:
    • That the Defendant knowingly:
      • Impersonated another, or
      • Assumed a false identity, or
      • Made a false statement regarding the identity of any person, or
      • Made a misleading statement regarding the identity of any person;
    • The Defendant’s impersonation, assumption of false identity, or false or misleading statement regarding identity was made in an oral or written application for services; &
    • The Defendant did so with the underlying purpose to obtain services.
  • NJSA 2C:17a(4): In order to be convicted of identity theft in New Jersey, the prosecution must prove the following elements beyond a reasonable doubt:
    • The Defendant knowingly obtained personal identifying information of another;
    • The Defendant purposely used the information in order to assume the identity of another person or to represent himself/herself as another person;
    • The Defendant knew that they did not have permission to do so; &
    • The Defendant had the purpose to:
      • Fraudulently obtain a benefit or services, or
      • Attempt to obtain a benefit or services, or
      • Avoid the payment of debt or other legal obligation, or
      • Avoid prosecution for a crime.
  • NJSA 2C:17a(5): In order to be convicted of identity theft in New Jersey, the prosecution must prove the following elements beyond a reasonable doubt:
    • The Defendant knowingly:
      • Impersonated another, or
      • Assumed a false identity, or
      • Made a false statement, or
      • Made a misleading statement.
    • The impersonation, assumption of false identity, false statement, or misleading statement occurred in the course of him/her making an oral or written application for services; &
    • The impersonation, assumption of false identity, false statement, or misleading statement was made with the purpose of avoiding payment for prior services.

As you can tel from reading above, the identity theft statute is very specific in what it seeks to criminalize. If you have been charged with identity theft in Mercer County and would like to speak to one of our Mercer County criminal defense attorneys about your options then please contact our Hamilton office at 609-789-0779.

Is Identity Theft a Felony in NJ?

Regardless of the subsection in which you are charged under, identity theft is a felony offense in New Jersey. If the “loss” is less than $500, a Defendant will be charge with a fourth degree felony. If the “loss” is greater than $500 but less than $75,000 the Defendant will be charged with a third degree felony. Lastly, if the loss is greater than $75,000, the Defendant will be charge with a second degree felony.

Lawrenceville NJ Identity Theft Lawyers

If you have been arrested and charged with identity theft in Mercer County, the criminal defense attorneys at Proetta & Oliver can help. As you can see from reading above, identity theft is anything but simple. It is a very complex offense that requires the assistance of an experienced criminal defense lawyer. At Proetta & Oliver we take a tremendous amount of pride in zealously advocating on behalf of our clients. With that being said, we are well aware that no two clients let alone no two cases are the same. As such we are dedicated to being able to adapt our representation to fulfill your needs. We serve all of Mercer County, including Princeton, East Windsor, Pennington, Lawerence, Hamilton and Ewing. If you would like to speak to one of our attorneys about your options then please contact us at 609-789-0779.