How Much Jail Time Do You Get for Identity Theft?

How Much Jail Time Do You Get for Identity Theft?

Identity theft can lead to, some pretty serious punishments, including jail time. The exact amount of time you’ll spend behind bars depends on a lot of factors, like how much damage you caused and the laws in your state. Here’s a quick look at what kind of sentences identity thieves can expect.

Federal Sentences

Most identity theft cases are prosecuted at the state level, but the federal government does go after some ID thieves too. If you’re charged federally, you could be looking at some steep sentences:

• Up to 15 years in prison if the theft was related to an act of terrorism.
• Up to 5 years if you stole someone’s identity to commit a serious federal felony.
• Up to 3 years for basic identity theft.

The amount of financial loss caused by the theft is also a major factor. Under federal sentencing guidelines, you’ll get an extra 2 years if the losses were over $150,000. The more money lost, the more time you’ll do.

State Laws and Sentences

Most identity theft cases are charged under state laws. Sentences vary a lot depending on where you live, but some states will hit you with felony charges and years behind bars:

• In California, ID theft carries up to 3 years.
• Florida imposes sentences of up to 5 years.
• In New York, it’s up to 4 years behind bars.
• Texas can hit you with 2 to 10 years for identity theft.

Like under federal law, longer sentences apply if the crime was more serious or caused bigger financial losses. For example, ID theft to commit terrorism, or theft over $100,000, often leads to harsher punishment.

Factors That Increase Your Sentence

Judges don’t just pick a random sentence out of a hat. The punishment has to fit not just the crime, but the specific circumstances involved. When it comes to identity theft, some of the big factors that could increase your jail time include:

• Large financial losses – The more money stolen, the longer the sentence.
• Multiple victims – Stealing just one person’s ID is bad enough, but prosecutors and judges will come down harder if you ripped off dozens or hundreds of victims.
• Sophisticated methods – Things like hacking into databases to steal personal information could lead to longer sentences than just stealing mail or paperwork.
• Violence or threats – If you used violence or threats to obtain personal information or steal identities, you’ll face additional charges beyond just identity theft.
• A criminal record – Repeat offenders get hit with longer sentences. If you already have convictions for fraud, theft, or other crimes, expect the book to be thrown at you.

Bottom line – the more victims you hurt and damage you cause, the more jail time you can expect to serve.

Defenses That Can Reduce Your Sentence

While identity theft charges are always taken seriously, there are some defenses that may get charges reduced or even dismissed. Talking to an experienced criminal defense lawyer is the best way to explore your options, but some potential defenses in ID theft cases include:

• You had permission – If the supposed “victim” actually gave you permission to use their information, it may not be identity theft at all.
• Mistaken identity – If you can show you were wrongly accused and didn’t actually steal any identities, the charges should be dropped.
• Lack of criminal intent – Prosecutors have to prove you knowingly and intentionally committed identity theft. If you can show it was just an accident or misunderstanding, it may help your case.
• Mental illness – Having a mental disability could provide grounds for a lighter sentence, if your attorney can show it impacted your judgment.
• Addiction – Long-term substance abuse issues may qualify you for court-ordered treatment rather than jail time.

While getting the charges dismissed completely is ideal, these kinds of defenses could potentially help you avoid some of the most serious penalties like long-term imprisonment.

How Much Time Will You Actually Serve?

If you do wind up convicted and sentenced to years in prison for identity theft, you probably won’t serve the entire sentence behind bars. Rules like parole, good behavior credits, and probation mean you’ll likely only serve part of your sentence:

• Parole – After serving part of your sentence, you may be released early on parole. But you’ll still be supervised and could go back to jail if you violate release terms.
• Good behavior – Most states reduce prison sentences for good behavior, often by up to 15% or so. That means if you don’t cause problems in jail, you could shave some time off your sentence.
• Probation – For shorter sentences, you may be given probation instead of jail. You’d have to follow strict rules and meet with a probation officer regularly to avoid incarceration.

So while the theoretical maximum sentences for identity theft seem really high, the actual time served on average is lower. But don’t count on leniency – judges take these crimes seriously, especially if victims suffered major losses.

The Bottom Line

Identity theft can potentially lead to years behind bars, depending on exactly what was stolen and the applicable state laws. Major identity theft operations with lots of victims often result in multi-year prison sentences. Even basic identity theft typically carries at least a year or two in jail under most laws. The moral of the story – don’t steal identities unless you’re prepared to do serious time. Talk to an attorney right away if you’re facing charges.

At the end of the day, any identity theft is a felony with the potential for imprisonment. Don’t risk your future and freedom over this kind of crime.