Tulsa criminal defense lawyer

Tulsa Criminal Defense Law Firm

Basic Elements of Identity Theft in Tulsa

identity theft in TulsaIdentity theft in Tulsa, Oklahoma is a rapidly growing problem. A lot of transactions happen online these days, including buying, selling, investing, and working. Thus, a lot of personal information may be left online. Identity thieves can access personal information and create a false identity.

Learning About Identity Theft in Tulsa

You may become aware that your identity has been stolen when you begin to receive bills you did not incur, or you find that your bank account has been emptied. The state of Oklahoma is cracking down on such thieves with laws that harshly punish perpetrators.

Alternatively, you could be close to someone else’s personal information and get accused of identity theft in Tulsa. Talk to an identity theft lawyer if you are facing charges of identity theft in Tulsa.

Do not pay for a crime you did not commit when the real perpetrators are running around free. Even if you did misuse someone’s personal information, you should still talk to a knowledgeable Tulsa criminal attorney.

FAQs: Identity Theft

Oklahoma laws strictly forbid using another person’s personal information fraudulently in any way. The statute describes identity theft as illegally obtaining:

  • the name;
  • address;
  • Social Security number;
  • date of birth;
  • employer’s name;
  • place of business;
  • bank account numbers;
  • debit and credit card information;
  • driver’s license number; or
  • any other information that can be used
  • to identify another person for financial gain
  • by obtaining services, goods, credit, or money
  • without the consent of the owner of the information.

Okla. Stat. tit. 21 § 1533.1

The statute expressly forbids:

  1. Obtaining identification information in the name of any other person or using the personal information of another to obtain anything fraudulently.
  2. Altering or creating another person’s identifying information to obtain anything of any value fraudulently or to use, control, or obstruct someone else’s credit, accounts, goods, property, title, or any other interest or benefit of the victim without permission.
  3. Selling, lending, or giving any identifying personal information to someone else so that they can use the information to create or obtain identification documents.

Intent in Obtaining Another’s Identity

A defendant does not need to have used the personal information obtained of another to be found guilty under this statute. Merely getting personal information is enough evidence that the perpetrator intended to use it for personal gain.

However, the prosecution must prove that the intention of obtaining another’s personal information was to use it fraudulently. Circumstantial evidence such as email communication with others and public statements can be used to prove intent.

Circumstantial evidence is subject to attack by an experienced attorney. Alternatively, a prosecutor can extract confessions from the defendant to find out their motives in obtaining the personal information of another.

Penalties for Identity Theft in Tulsa

The penalties for identity theft in Tulsa are harsh. A defendant faces between one and five years in prison, a fines of up to $100,000, or both. In addition, the court could order the defendant to pay restitution to the victim.

The victim could also bring a civil suit against the defendant for damages. Consequently, he victim could end up obtaining in a civil litigation monetary damages that the defendant may never be able to pay.

Talk to an experienced identity theft lawyer in Tulsa, OK, today about any identity theft charges you may be facing. Our attorney is experienced and knowledgeable. He will hear you out and advise you accordingly, so the prosecution does not trick you.

Giving in to the pressure of the prosecutors for an admission of guilt can lead to you facing an extended sentence or paying hefty fines. Talk to our Tulsa criminal attorney and explore your possible defenses.

Free Consultation: Tulsa Felony Defense Lawyer

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced Tulsa felony defense lawyer to discuss your available legal options.

Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

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