Winston-Salem Identity Theft Lawyer
Accused of Identity Theft? Call (336) 933-9406 for a Consultation.
Identity theft is a serious crime that can be charged in state or federal court. In many cases, it is prosecuted in both courts. Because of the serious nature of the crime, a conviction can result in severe penalties, including fines, restitution, and lengthy prison sentences. If you are under investigation for or have been charged with identity theft, it is important to contact a criminal defense lawyer with experience handling these types of cases.
At Beechler Tomberlin, we have the knowledge and skill to effectively represent clients in identity theft cases. Our Winston-Salem identity theft attorney have over 15 years of experience and a proven track record of success. We understand the seriousness of the charges and are prepared to fight aggressively for you.
To get started on your defense, online or call (336) 933-9406 for a consultation.
What Is Identity Theft?
Identity theft involves the unauthorized use of someone else’s personal information for financial gain. This can include using someone else’s name, Social Security number, credit card information, or other identifying details to open accounts, make purchases, or commit other fraudulent activities. The advent of the internet and the ability to access and transfer large amounts of data electronically has made identity theft an increasingly common crime.
Identity Theft Laws in NC
Identity theft is a federal crime and is also illegal under North Carolina state law. In many cases, identity theft is prosecuted in both state and federal court. In order to be convicted of identity theft, the prosecution must prove that you knowingly and willfully used someone else’s personal information for fraudulent purposes.
Under federal law, it is illegal to use another person’s identifying information to:
- Commit or attempt to commit a federal crime;
- Defraud a financial institution; or
- Commit or attempt to commit an act of terrorism.
Identity theft is a Class C felony under federal law. If convicted, you could face up to 5 years in federal prison, as well as fines and restitution. If you are convicted of identity theft in connection with another federal crime, you may face additional penalties, including an enhanced prison sentence.
North Carolina law also makes it a crime to use someone else’s identifying information for fraudulent purposes. Under state law, identity theft is a Class G felony. If convicted, you could face up to 47 months in prison, as well as fines and restitution. Like federal law, North Carolina law also imposes additional penalties if you are convicted of identity theft in connection with another crime.
Defending Against Identity Theft Charges
If you have been accused of identity theft, you need to take the charges seriously. Convictions for identity theft can result in significant prison sentences, as well as substantial fines and restitution. If you have been charged with identity theft, you are innocent until proven guilty, and the prosecution has the burden of proving every element of the crime beyond a reasonable doubt.
At Beechler Tomberlin, we can help you fight the charges. Our Winston-Salem identity theft attorneys can conduct a thorough investigation into the allegations against you and look for any evidence that could help prove your innocence. We will also review the actions of law enforcement and the prosecution to ensure that your constitutional rights were not violated at any point during the investigation or the legal process.
Some potential defenses to identity theft charges may include:
- You are the victim of mistaken identity;
- You were the victim of an illegal search and seizure;
- You did not use the alleged victim’s personal information;
- You had the alleged victim’s consent to use their personal information;
- You did not use the personal information for fraudulent purposes;
- You did not act knowingly or willfully; or
- You are the victim of police misconduct or prosecutorial misconduct.
Identity theft cases are often complex and involve a significant amount of evidence. Our attorneys have the experience and resources to effectively handle these types of cases. We will work to build a strong and effective defense strategy for you.
How Our Firm Can Help You
Identity theft is a serious crime that can result in severe penalties. If you are under investigation for or have been charged with identity theft, you need to take the situation seriously. At Beechler Tomberlin, we can help you fight the charges.
Our Winston-Salem identity theft attorney have over 15 years of experience and a proven track record of success. We have a comprehensive understanding of the laws regarding identity theft and the defenses that can be used to fight these types of charges. We will work to protect your rights and fight for the best possible outcome in your case.
Our firm is committed to providing every client with the personalized legal representation they deserve. When you hire us, we will take the time to listen to your story and understand your goals. We will explain your legal options and rights and help you make informed decisions every step of the way. Our attorneys will keep you informed about the progress of your case and promptly respond to your calls and emails.
Schedule a Consultation Today
If you have been accused of identity theft, do not hesitate to contact Beechler Tomberlin for a consultation. Our Winston-Salem identity theft lawyers can review the facts of your case and help you understand your legal options. We can also help you fight the charges and work to protect your rights, freedom, and future.
To speak with one of our attorneys, call (336) 933-9406 or online today.
Why Choose Beechler Tomberlin?
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ResultsWe relentlessly pursue positive outcomes, measuring success not just by wins, but by the meaningful impact we make on the lives of those we represent.
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OriginalityWe innovate in our legal practice, crafting tailored solutions through creative thinking and customized solutions.
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IntegrityUnwavering honesty and accountability define our approach, ensuring steadfast representation and building trust with our clients.
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EthicsWe uphold the highest ethical standards, fostering trust and confidence through honesty, transparency, and respect for the law.
Frequently Asked Questions
Can I Be Charged in Both State & Federal Court for the Same Identity Theft Conduct?
Yes. The Double Jeopardy Clause doesn’t bar separate state and federal prosecutions arising from the same conduct under the separate sovereigns doctrine. If your alleged conduct involved a federally insured bank, electronic wire transfers, or the mail, federal charges can proceed alongside or instead of state charges. Dual prosecution is a real risk in identity theft cases that touched any federal system or institution.
What Should I Do If Law Enforcement Contacts Me Before Charges Are Filed?
Politely decline to answer questions and ask to speak with an attorney immediately. Identity theft investigations can run for months before an arrest. Investigators often seek voluntary statements early in that process, and anything you say can be used against you. Early attorney involvement can affect what evidence the prosecution is able to gather before charges are formally filed.
Does Possessing Someone’s Identifying Information Without Using It Constitute Identity Theft?
It can. Knowingly possessing the identifying information of multiple individuals without authorization can support a charge under G.S. 14-113.20 even without documented use of that information. The statute doesn’t require a completed transaction or financial loss to the victim for a charge to be filed.
What Is the Difference Between Identity Theft & Trafficking in Stolen Identities?
Identity theft under G.S. 14-113.20 involves using another person’s identifying information for fraudulent purposes. Trafficking in stolen identities under G.S. 14-113.20A involves selling, transferring, or purchasing identifying information with intent to commit identity theft. Trafficking carries a higher classification: Class E felony and correspondingly greater sentencing exposure.
How Does Prior Criminal Record Affect Sentencing in a North Carolina Identity Theft Case?
North Carolina uses a structured sentencing grid in which prior record level is a key factor alongside the felony class. A higher prior record level can shift the minimum and maximum term upward within the applicable range for a Class G, F, or E felony and can affect whether the court imposes an active, intermediate, or community punishment.
At Beechler Tomberlin, we are here to help you. Experience the difference of personalized care and expertise that sets us apart. Contact us today to get started.
What a Felony Conviction Means Beyond the Courtroom
A prison sentence is the most immediate consequence of an identity theft conviction, but it isn’t the only one. The collateral effects of a felony record can persist long after any sentence is served, shaping employment prospects, professional opportunities, housing access, and financial stability for years.
North Carolina’s expungement eligibility for felony convictions is limited and depends on specific statutory criteria. For many people convicted of a felony, the record is permanent. Here’s what that record can affect:
- Professional licensing: Healthcare, financial services, education, and legal fields in North Carolina require disclosure of felony convictions; licenses may be denied or revoked following a conviction
- Employment: Employers routinely conduct background checks, and a conviction for identity theft, a crime of dishonesty, can significantly narrow options in any role involving financial responsibility or access to personal data
- Housing: Landlords and property management companies frequently screen for felony convictions, limiting access to rental housing
- Federal consequences: A federal felony conviction can result in loss of the right to possess firearms and restrictions on certain forms of government assistance
- Restitution orders: Courts can require payment of the victim’s financial losses, credit-correction costs, and legal fees, creating a long-term financial obligation that doesn’t end when the sentence does
Understanding the full scope of what’s at stake is part of why early, informed legal representation matters. The goal isn’t only to address the charge. It’s to protect as much of your future as possible.
