Being accused or arrested for identity theft in Iowa is a serious situation with potentially life-altering consequences. Under Iowa law, identity theft is treated as a form of fraud, which, depending on the amount of loss involved, can result in felony charges, prison time, and more. If you are facing identity theft charges and want to know about the possible legal repercussions of a conviction, continue reading and consult with a knowledgeable Dallas County criminal lawyer for more information and skilled legal counsel.

What is Identity Theft Under IA Law?

The criminal offense of identity theft is defined under Iowa Code § 715A.8. A person is guilty of identity theft under this law if they fraudulently use or attempt to fraudulently use another person’s identification information with the intent to obtain credit, property, services, or another benefit.

Identification information can include a person’s name, address, date of birth, telephone number, driver’s license number, Social Security number, student identification number, military identification number, alien identification or citizenship status number, employer identification number, signature, electronic mail signature, and more.

Examples of identity theft can include:

  • Using another person’s credit card without permission
  • Opening a bank account in someone else’s name
  • Applying for a loan or a job using someone else’s Social Security number
  • Possessing stolen identification documents or digital account data

Any of these actions can constitute identity theft and result in significant penalties.

What Are the Legal Repercussions for Identity Theft in IA?

Identity theft is generally considered a wobbler in Iowa, meaning that it can be prosecuted as a misdemeanor or felony depending on the specific circumstances of the offense. The severity of the charge typically depends on the value of the theft or harm caused to the victim. Consider the following.

  • Aggravated misdemeanor: Value of less than $1,500, punishable by up to 2 years in prison and fines up to $8,540
  • Class D felony: Value of $1,500 to $10,000, punishable by up to 5 years in prison and fines up to $10,245
  • Class C felony: Value greater than $10,000, punishable by up to 10 years in prison and fines up to $13,660

Additional penalties could be imposed, such as restitution to victims for their losses, probation supervision, forfeiture of illegally obtained property, and more. It is also worth noting that aggravating factors can enhance the consequences of a conviction. For example, the involvement of multiple victims, organized criminal activity, or vulnerable victims can result in more significant repercussions.

Identity theft charges often involve complex digital and financial evidence, and a conviction can yield severe penalties. A criminal defense lawyer can help your case by identifying weaknesses in the prosecution’s argument, negotiating plea deals, and developing and implementing effective defenses. To secure the help of a skilled attorney, contact Iowa Defenders, PLLC today.