Dayton Identity Fraud
Defense Attorneys

Experienced Dayton Identity Theft Lawyers Ready to Defend You

With decades of combined experience, our Dayton criminal defense lawyers provide top-tier legal representation for individuals facing identity theft charges in Dayton and Montgomery County, Ohio. We understand the serious consequences of these allegations and work tirelessly to protect your rights. Our team at Gounaris Abboud, LPA, crafts personalized defense strategies to challenge evidence, negotiate favorable plea agreements and settlements, and represent you in court, always striving for the best possible outcome.

In 2023, there were over 1.1 million reports of identity theft in the U.S., making it one of the most commonly prosecuted fraud-related offenses in the country. If you are accused of identity theft in Dayton, Ohio, you need experienced attorneys on your side right away.

Understanding Ohio’s Identity Fraud Laws

In Ohio, identity Fraud is primarily governed by the Ohio Revised Code § 2913.49, which defines identity fraud as the unauthorized use of another person’s personal identifying information with the intent to defraud or misrepresent oneself. Personal identifying information includes, but is not limited to:

• Social Security numbers
• Driver’s license numbers
• Credit card information
• Bank account details
• Birth certificates
• Employment information

Personal identifying information includes any data that can be used to identify, locate, or impersonate another person. This includes Social Security number details, financial records, credit reports, and bank statements. When someone uses someone else’s personal information without express or implied consent and with intent to deceive, they can face serious criminal charges under Ohio and federal law.

Types of Identity Theft Crimes

Identity theft crimes take many forms, and understanding the type of offense alleged against you affects how your defense is built. Common types include:

• Financial identity theft, which involves unauthorized access to bank accounts, credit cards, or other financial records
• Medical identity theft, which uses another person’s health insurance information to receive fraudulent medical treatment
• Tax identity theft, which occurs when someone files fraudulent tax returns using a victim’s Social Security number
• Criminal identity theft, which happens when someone gives law enforcement another person’s name and identifying information, potentially creating a false criminal record
• Employment identity theft, which involves using someone else’s identity to obtain a job
• Child identity theft, which targets children’s Social Security numbers to open accounts or commit fraud over a long period without detection

Each of these identity theft cases carries its own set of evidence challenges and defense strategies. Prosecutors often rely on circumstantial evidence in identity theft cases, which means building a strong defense around gaps in the evidence can be highly effective.

Penalties for Identity Fraud in Ohio

Ohio takes identity fraud seriously, imposing criminal penalties that escalate based on the financial harm caused and the vulnerability of the victim. The state classifies most identity fraud offenses as felonies, with sentencing determined by the monetary value of the fraud and whether the victim belongs to a protected class. Understanding these penalties is crucial for both potential offenders and victims seeking justice.

General Penalties

Identity fraud is typically classified based on the value of the credit, property, services, debt, or other legal obligation that is involved. The lowest level of classification for identity theft is a felony of the fifth degree.

If the value of the credit, property, services, debt, or other legal obligation involved is:

• $1,000 or more but less than $7,500, it becomes a felony of the fourth degree.
• $7,500 or more but less than $150,000, it becomes a felony of the third degree.
• $150,000 or more, it is classified as a felony of the second degree.

Aggravated Penalties for Victims in Protected Classes

If the victim is an elderly person, disabled adult, active duty service member, or their spouse, the penalties are more severe:

• The violation is generally a felony of the fourth degree.
• If the value involved is between $1,000 and $7,500, it is raised to a felony of the third degree.
• If the value is between $7,500 and $150,000, it is a felony of the second degree.
• If the value is $150,000 or more, it becomes a felony of the first degree.

Additional Penalties for Elderly Victims

In identity theft cases where the victim is elderly, the offender must pay full restitution to the victim and may be fined up to $50,000, in addition to any other penalties. These fines are directed to the Montgomery County Department of Job and Family Services to help address elder abuse, neglect, and exploitation within this county.

A prior record can significantly affect sentencing in these cases. Judges consider criminal history when determining penalties, and repeat offenders often face harsher outcomes. Our Dayton identity theft lawyer team evaluates every factor that may influence your sentence and fights to minimize the consequences you face.

When Identity Theft Becomes a Federal Crime

Identity theft can also be charged as a federal crime when it involves interstate activity, electronic communications, or mail. Federal prosecutors may charge under 18 U.S.C. § 1028 (Identity Theft) or § 1028A (Aggravated Identity Theft). Federal identity theft charges carry mandatory minimum sentences that run consecutively to any other sentence, making legal representation under state and federal law both critical and time-sensitive.

If your case involves allegations of fraudulent activity across state lines or through online channels, you could be facing both state and federal charges at the same time. Our criminal defense lawyers are experienced in handling cases in both courts and understand how to coordinate your defense across legal systems.

Common Defenses Against Identity Fraud Charges

Several defenses may be applicable in white-collar crime cases, including identity fraud:

• Lack of intent: Demonstrating that there was no fraudulent intent.
• Mistaken identity: Proving that you were not the individual responsible for the alleged offense.
• Consent: Showing that the alleged victim consented to the use of their personal information.
• Insufficient evidence: Arguing that the prosecution lacks sufficient evidence to support the criminal charges.

A qualified Dayton identity theft lawyer should help build defenses like proving lack of criminal intent, which is often one of the strongest arguments available in identity theft cases. Some attorneys partner with forensic accountants and private investigators to uncover evidence that supports the defense.

Defendants should avoid speaking to investigators without their attorney present. Anything said during a police interview can be used against you, and well-meaning statements often create more problems than they solve. The best interests of the accused are always served by securing legal counsel before making any statements.

What Our Dayton Identity Fraud Defense Lawyers Can Do for You

Our primary goal is to secure the best possible outcome for your case. Here is how we help:

• Providing Clear, Honest Guidance: We ensure you are informed every step of the way, explaining each aspect of your case so you understand your options and the legal process
• Building a Strong Defense: Our criminal defense lawyers thoroughly review all evidence and details of your case to craft the most effective defense strategy tailored to your situation
• Defending Your Rights: We protect your constitutional rights throughout the legal process, making sure you are treated fairly and justly
• Negotiating Skillfully: Our team is skilled at negotiating plea deals, with a track record of reducing or dismissing charges when possible
• Representing You in Court: If your case goes to trial, we vigorously represent you, using expert witnesses if necessary, and aggressive strategies to fight for your rights
• Offering Unmatched Client Support: We provide responsive and compassionate support, answering any questions you may have and guiding clients through this challenging time

Why Choose Our Dayton Identity Fraud Law Firm?

If you are facing identity fraud charges, our Dayton law firm offers the experience and dedication needed to effectively handle your case.

Our law firm has a proven track record and demonstrated history of success in defending clients, with numerous favorable outcomes. We possess a deep understanding of both federal law and state law, ensuring you have the best legal representation available. Our Dayton identity theft lawyer team includes seasoned litigators ready to advocate for you in the courtroom.

Selecting an identity theft attorney should involve assessing their communication style and availability, not just their credentials. You deserve an attorney who answers questions quickly, keeps you informed, and makes sure you understand what is happening in your case at every stage. A clear understanding of fees and billing structures is also important before hiring an attorney so there are no surprises down the road.

Frequently Asked Questions About Identity Theft Charges in Ohio

What is the difference between identity theft and identity fraud in Ohio?

In Ohio, identity theft and identity fraud are often used interchangeably, but they both refer to violations under ORC § 2913.49. The offense involves using another person’s personal identifying information without their express or implied consent and with intent to defraud. Whether charged as identity theft or identity fraud, the penalties are the same and depend on the financial loss involved and whether the victim belongs to a protected class.

Can I be charged with identity theft even if I did not benefit financially?

Yes. Ohio law does not require the accused to have personally profited from the offense. If you used else’s personal information with intent to defraud or misrepresent, even without a direct financial gain, you could still face identity theft charges. Intent is the key element, and our criminal defense lawyers build cases around challenging the prosecution’s evidence of intent.

What should I do if I am accused of identity theft in Dayton?

Act quickly and contact a Dayton identity theft lawyer before speaking with investigators or law enforcement. Do not provide statements, consent to searches, or discuss your case with anyone other than your attorney. The legal system moves fast after an arrest, and early involvement of your defense team protects your rights from day one.

Can victims of identity theft sue me in civil court?

Yes. Victims of identity theft in Ohio can pursue civil claims for damages in addition to any criminal penalties you face. This means you could face both criminal prosecution and a civil lawsuit arising from the same conduct. Financial loss, emotional distress, and the cost of repairing damaged credit are all damages that can be sought in civil court.

What is aggravated identity theft under federal law?

Aggravated identity theft under 18 U.S.C. § 1028A applies when a person knowingly transfers, possesses, or uses another person’s means of identification during the commission of certain felonies. A conviction carries a mandatory two-year prison sentence that runs consecutively to any other sentence, meaning it cannot be served at the same time as other penalties. This makes federal identity theft cases especially serious and underscores the importance of experienced legal representation.

Contact Our Dayton Identity Theft Lawyer Today

If you or someone you know is accused of identity theft or facing identity fraud charges in Dayton or Montgomery County, do not wait to get help. The Federal Trade Commission and local law enforcement agencies take these cases seriously, and the legal process can move quickly. Contact Gounaris Abboud today for a free consultation with our experienced Dayton identity theft defense attorneys. We are here to protect your rights and fight for the best possible outcome in your case.