Dayton Identity Fraud
Defense Attorneys

Experienced Dayton Identity Fraud Defense Attorneys

With decades of combined experience, our Dayton criminal defense lawyers provide top-tier legal representation for individuals facing identity Fraud charges in Dayton and Montgomery County, Ohio. We understand the serious consequences of these allegations and work tirelessly to protect your rights. Our team 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.

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

For a comprehensive understanding of the law, you can refer to the full text of ORC § 2913.49 – Identity Fraud.

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.

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.

Our Dayton identity fraud defense attorneys will thoroughly review the details of your case to determine the most effective defense strategy.

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’s how we achieve that:

Providing Clear, Honest Guidance

We’ll ensure you’re informed every step of the way, explaining each aspect of your case so you understand your options and the 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 will protect your constitutional rights throughout the legal process, making sure you’re 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’ll 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 you through this challenging time.

Why Choose Our Dayton Identity Fraud Law Firm?

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

Proven Track Record

We have a demonstrated history of success in defending clients, with numerous favorable outcomes.

Extensive Knowledge of Federal and State Criminal Laws

Our law firm possesses a deep understanding of both federal and state laws, ensuring you have the best legal representation. When conduct involves interstate activity, mail, or electronic communications, federal prosecutors may charge under 18 U.S.C. § 1028 (Identity Theft) or § 1028A (Aggravated Identity Theft).

Trial Experience

Our Dayton identity theft lawyers are seasoned litigators, ready to advocate for you in the courtroom if your case goes to trial.