Obtaining, purchasing, possessing, or using another person’s personal identifying information (PII) with the intent to commit an unlawful act constitutes the crime of identity theft. In some cases, simply possessing someone’s PII, without their permission or without a legitimate reason, can be construed as identity theft.
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Some forms of PII or personal information include:
- Credit card numbers
- Debit card numbers
- Biometric data
- Health insurance identification
- Social Security number
- Driver’s license
The most common charges of identity theft include:
- Identity Theft Trafficking
- Criminal Impersonation
- Using False Identification
Identity Theft Penalties
Being convicted of one or more identity theft-related crimes in Tennessee can lead to substantial prison time and monetary fines. Of course, the specific penalty a court imposes will differ depending on the circumstances of each case, and often requires well-planned legal defense strategies and negotiations.
Depending on the outcome of the court proceedings, some of the usual prison sentence terms are as follows:
- Class C Felony convictions are usually for periods of three to 15 years in prison.
- Class D Felony convictions are between two and 12 years in prison.
- Class A Misdemeanor conviction are 11 months and 29 days in jail.
- Class C Misdemeanor convictions can result in up to 30 days in jail.
Courts can also sentence someone convicted of identity theft to probation, and that can include additional conditions, including substantial fines, restitution to victims, random drug tests, and probation officer supervision.
Defending and negotiating penalties for identity theft require an experienced and knowledgeable attorney. If charged with identity theft, you will want to obtain a lawyer as soon as possible. Contact Sherwood Boutique Litigation at (615) 873-5670 for a free and confidential consultation.
Disclaimer: None of the content on this site should be considered as legal advice or counsel. For professional legal advice on any legal matter, contact Sherwood Boutique Litigation at (615) 873-5670.
Identity Theft FAQs
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Generally speaking, there is no difference between the two terms. The use of “domestic violence lawyer” is mostly used as a term of art to discuss a criminal attorney defending charges related to domestic violence. When the term is used by criminal attorneys, it may indicate that they specialize in resolving domestic violence charges. The general term, however, is criminal attorney or criminal defense attorney. Attorney is also interchangeable with lawyer. – “The more you know.”
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A Class A Misdemeanor domestic assault conviction in Tennessee is punishable by up to 11 months and 29 days in jail in addition to fines; however, very few people receive the maximum jail sentence. In almost all cases, an anger management class will be required. The real consequences come after you've served your time, paid your fines, and taken your class. One of those is the mandatory loss of your right to possess a firearm for the rest of your life. Read the full list of those consequences here: collateral consequences of having a domestic violence conviction on your record.