Identity Theft & Forgery

Lawyers Defending Identity Theft and Forgery Criminal Charges

Identity theft and forgery allegations can arise when a business or business leader is accused of using the personal identifying information of another person without the authorization or consent of that person, with the intent to defraud that person.

Potential allegations can be raised, even with a single incident. Do not rely on public defenders or attempt to defend yourself. You must retain strong, competent, knowledgeable attorneys to help create a vigorous defense of you and your business.

What is Fraud?

In the State of New Mexico, Section 30-16-6 defines fraud as deliberately deceiving and manipulating someone in order to take something valuable that belongs to that person.

What Defenses to Fraud are There?

Fraud cases are typically difficult to prosecute, as the state has the burden of proof, and they must prove (1) intentional deception on the part of the accused, (2) victim actually relied on the deceptions, and (3) something of value was actually taken.

As a consequence, defense strategies are available by arguing lack of intent to deceive and the victim didn’t actually rely on the information they received. Furthermore, standard affirmative defenses relating to prosecutorial handling of evidence, procedures and more may be available depending on the circumstances.

What are the Penalties for a Fraud Conviction?

The penalties vary depending on the value of what was taken. Specifically,

• Value $250 or less? Petty misdemeanor. Up to $500 fine, 6 months in jail, and 6 months of probation.
• Value $250 to $500? Full misdemeanor. Up to $1,000 fine, 1 year in jail, and 1 year of probation.
• Value $500 to $2,500? 4th degree felony. Up to 18 months in jail.
• Value $2,500 to $20,000? 3rd degree felony. Up to 3 years in jail.
• Value $20,000 or more? 2nd degree felony. Up to 9 years in jail.

It’s Important to Hire the Right Attorney to Defend You

The criminal defense attorneys at Business Law Southwest are experienced in handling cases of identity theft and forgery.