What are the penalties for identity theft in New Jersey?

What are the Penalties for Identity Theft in New Jersey?

Identity theft is no joke in New Jersey. The penalties can be pretty harsh if you’re convicted. I should know – my cousin Vinny got caught up in some identity theft nonsense a few years back. Poor guy did 6 months in the clink. Let me break it down for you so you know what you’re up against if the fuzz catches you using someone else’s identity.

The Main Identity Theft Law in NJ

The main law dealing with identity theft in New Jersey is N.J.S.A. 2C:21-17. This law lays out a bunch of ways you can commit identity theft. For example, if you:

• Impersonate someone else to get something of value
• Pretend to be someone from a company to get something of value
• Impersonate someone to get services

Basically if you’re pretending to be someone else to get stuff – that’s identity theft per this law. There’s a bunch of other ways too, like using someone’s personal information and such. But you get the idea.

How Much Time Can You Get for Identity Theft in NJ?

The amount of time you can get depends on what degree crime they charge you with:

• 4th Degree – up to 18 months in jail
• 3rd Degree – 3-5 years in jail
• 2nd Degree – 5-10 years in jail

They decide the degree based on how much you stole. If it’s under $500 bucks with just one victim, it’s probably 4th degree. Over $75,000 or more than 5 victims, and it’s 2nd degree with that 5-10 years.

Fines for Identity Theft

Aside from jail time, they can hit you with some hefty fines too:

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• 4th Degree – up to $10,000
• 3rd Degree – up to $15,000
• 2nd Degree – up to $150,000

So if you’re unlucky enough to get popped with a 2nd degree identity theft, you could be looking at 10 years in the slammer and $150,000 in fines. Not fun.

Restitution

Another thing they’ll probably make you do is pay back whatever you stole through restitution. So if you charged $5,000 on someone’s credit card, the judge will likely make you pay that money back as restitution to the victim.

Probation

Many times with identity theft they’ll sentence you to probation too. This means you don’t go to jail but you have to check in with a probation officer and follow certain rules. If you mess up on probation they can throw you in jail.

Getting Charged With Multiple Counts

Here’s one other thing to watch out for. If you steal multiple people’s identities, they can charge you with separate counts of identity theft for each person. My cousin Vinny had 3 counts. So even though each one was small, the total jail time added up because of the multiple charges. Something to think about.

Expungement

If you do get convicted of identity theft, there is a little good news. You can get 1 indictable offense expunged after 5 years. That means it gets wiped from your criminal record. So the conviction won’t follow you around forever. Just something to keep in mind down the road if you need to get a job and whatnot.

Defenses to Identity Theft

Let’s say you’ve been charged but you’re innocent. Or maybe there are circumstances where what you did shouldn’t count as identity theft. Here are some defenses that might help in those cases:

• You had permission to use their identity
• You didn’t intend to defraud anyone
• You were falsely accused or wrongly identified
• You were entrapped

A good criminal defense lawyer can look at the details of your case and figure out if any defenses like these apply. Don’t just plead guilty without exploring your options first.

Bottom Line on Identity Theft Penalties in NJ

Identity theft is serious business in New Jersey. You can end up with years in prison and boatloads of fines if convicted. And they often charge multiple counts too. So those penalties can add up fast. Your best bet is to avoid identity theft altogether. But if you do get charged, hire an experienced criminal defense attorney right away. A good lawyer may be able to get the charges reduced or even dismissed. Hopefully this gives you a better idea of what you’re looking at. Stay out of trouble!