NJ Identity Theft Defense Lawyer

Fraud Charges Defense Attorney With Offices in Passaic County and Morris County, New Jersey

Being charged with the crime of Impersonation/Theft of Identity is associated with a term of incarceration and a number of collateral consequences, including a requirement that you pay restitution to the alleged victim for his/her loss. Having an aggressive, experienced defense lawyer to guide you through the criminal justice system is invaluable.

Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including in Paterson, Totowa, Clifton, Wayne, Morristown, Dover, Denville, Hackensack, and Newark, who have been charged with theft, forgery & fraud offenses such as identity theft, credit card fraud, bad checks, and simulating a motor vehicle insurance identification card. Ms. Hascup is prepared to attack the state’s case, positioning you to achieve the best possible result.

She has successfully defended countless cases in New Jersey’s Superior Courts (indictable/felony level offenses) and Municipal Courts (disorderly persons/misdemeanor level offenses). Now she is fighting for you.

Contact Ms. Hascup’s office anytime for an initial consultation, which is always provided free of charge.

Impersonation/Theft of Identity in New Jersey: N.J.S.A. 2C:21-17

N.J.S.A. 2C:21-17 sets forth:

a. A person is guilty of an offense if the person:

(1) Impersonates another or assumes a false identity and does an act in such assumed character or false identity for the purpose of obtaining a benefit for himself or another or to injure or defraud another;

(2) Pretends to be representative of some person or organization and does an act in such pretended capacity for the purpose of obtaining a benefit for himself or another or to injure or defraud another;

(3) Impersonates another, assumes a false identity or makes a false or misleading statement regarding the identity of any person, in an oral or written application for services, for the purpose of obtaining services;

(4) Obtains any personal identifying information pertaining to another person and uses that information, or assists another person in using the information, in order to assume the identity of or represent himself as another person, without that person’s authorization and with the purpose to fraudulently obtain or attempt to obtain a benefit or services, or to avoid the payment of debt or other legal obligation or avoid prosecution for a crime by using the name of the other person; or

(5) Impersonates another, assumes a false identity or makes a false or misleading statement, in the course of making an oral or written application for services, with the purpose of avoiding payment for prior services. Purpose to avoid payment for prior services may be presumed upon proof that the person has not made full payment for prior services and has impersonated another, assumed a false identity or made a false or misleading statement regarding the identity of any person in the course of making oral or written application for services.

NOTE: “Benefit” means, but is not limited to, any property, any pecuniary amount, any services, any pecuniary amount sought to be avoided or any injury or harm perpetrated on another where there is no pecuniary value.

Grading (Degree) of Impersonation/Theft of Identity Crimes in New Jersey:

Impersonation/Theft of Identity constitutes a crime of the Second Degree (punishable by a term of incarceration between 5 and 10 years in New Jersey State Prison) if:

(1) The actor obtains a benefit or deprives another of a benefit in the amount of $75,000 or more; or

(2) The offense involves the identity of five or more victims

Impersonation/Theft of Identity constitutes a crime of the Third Degree (punishable by a term of incarceration between 3 and 5 years in New Jersey State Prison) if:

(1) The actor obtains a benefit or deprives another of a benefit in an amount of at least $500 but less than $75,000; or
(2) The offense involves the identity of at least two but less than five victims; or
(3) The conviction for the offense represents a second or subsequent conviction

Impersonation/Theft of Identity constitutes a crime of the Fourth Degree (punishable by a term of incarceration up to 18 months in New Jersey State Prison if):

(1) The actor obtains a benefit or deprives another of a benefit in an amount less than $500 and the offense involves the identity of one victim

Restitution to the Victim of Unlawful Use of Personal Identifying Information: N.J.S.A. 2C:21-17.1

Restitution to a victim of an offense when the offense concerns personal identifying information may include costs incurred by the victim:

a. In clearing the credit history or credit rating of the victim; or
b. In connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as a result of the actions of the defendant

Contact a NJ Identity Theft Defense Lawyer to Discuss Your Case

The consequences of an Impersonation/Theft of Identity conviction can be serious. Hire experienced legal representation to protect your freedom and your rights. Alissa D. Hascup is available anytime to speak with you regarding your case. Call or email her now for a free consultation about your case.