The punishment for identity theft, a class 1 misdemeanor, comes with up to 12 months in jail and a fine of up to $2,500. The statute provides scenarios of aggravation. First, if the financial loss is greater than $200, then the punishment is aggravated to a class 6 felony. For more information on consequences, consult with a qualified theft attorney.
Secondly, if this is the person’s second or subsequent conviction, then it is also charged and punished as a class 6 felony. If there is a violation of the second section of identity theft which pertains to acquiring or taking information with the purpose or intent to sell that to another person, then the punishment, if the number of people whose information was stolen is five or more, is a class 5 felony.
If the number of people is 50 or more, then that is a class 4 felony. A class 6 felony is punished by a term of imprisonment of not less than one year and not more than five years or, in the discretion of a court or the jury, a term of jail of not more than 12 months and a fine of not more than $2,500. A class 5 felony is punished by a term of imprisonment for not less than one year and not more than 10 years or, in the discretion of the court, confinement in jail with not more than 12 months and a fine of $2,500.
A class 4 felony is punished by a term of imprisonment of not less than two years and not more than 10 years and a fine of not more than $100,000. Other immediate consequences of a charge of identity theft include any probation and any local offenders supervision requirements that are stated. If somebody is convicted of those crimes, they may be asked to check-in with a probation officer every so often, take a particular class regarding theft, and maybe do community service. That would be the most immediate consequence of a Virginia identity theft penalty.
The statute also specifies certain levels of punishment. A minor type of identity theft is punished as a Class 1 misdemeanor. If the financial loss resulting from that crime was greater than $200, then it becomes a Class 6 felony. If it is a second or subsequent conviction of the same crime, identity theft, then the punishment is aggravated to a Class 6 felony. If the identifying information was taken with the intent to sell it to another person, then the statute claims that if it was done to five or more people’s identifying information, the individual is aggravated to a Class 5 felony. If there are 50 or more people whose information was stolen, then the punishment is aggravated to a Class 4 felony. Contact a lawyer for more on Virginia identity theft penalties or circumstances of the offense.
Plea deals occur in a scenario where either the facts of the case are not in dispute and meet the government’s burden of proof, or if there are significant issues with going to trial. These issues could include some witnesses who are unavailable, certain documents that cannot be obtained that would present a defense on behalf of the individual. The second scenario would be if it seems like there is a deficiency in the defense that the individual may be able to put on their behalf. A person would take a plea deal when the outcome of that deal is better than the alternatives, which are serious penalties in Virginia.
Patrick Woolley Attorney At Law