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What is the Penalty for Identity Theft

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  • 10-31-2014, 06:04 AM
    Heartbreaker
    What is the Penalty for Identity Theft
    My question involves criminal law for the state of: virginia

    The husband got fired and unemployed, but he afraid that his wife is sad about that news. So he lied to her that he still has his job. His expense for the family is $3000-4000 per month, all for family. So he using his wife identity to open credit card to pay for family expense without her permission. He owes $16000, but he is paying it back. Now the wife wants to divorce, and press charge on him on identity theft. He already paid $8k and still owe 8k, which he promised her he will pay off by April. She agrees with it. What is his punishment he she changes her mind and want to press charge.
  • 10-31-2014, 06:32 AM
    budwad
    Re: What is Punishment on Identity Theft
    Quote:

    Penalties

    Someone convicted of an identity theft crime in the state of Virginia faces several possible penalties. The actual sentence a court gives will differ from case to case depending on the circumstances.

    •Incarceration. Anyone convicted of a felony identity theft crime in Virginia faces one to 10 years in prison for a Class 5 felony, and one to five years in prison for Class 6 felony. Someone convicted of a Class 1 misdemeanor identity theft crime faces up to 12 months in jail.

    •Fines. In addition to jail or prison time, courts can also fine someone convicted of identity theft. For both felony and misdemeanor identity theft convictions the fine can be as high as $2,500.

    •Probation. If a court chooses to impose a probation sentence on someone convicted of identity theft, that person must comply with various probation conditions. These conditions typically include paying all related fines and restitution, regularly reporting to a probation officer, allowing the officer to inspect or search the probationer’s home, and not committing other crimes.

    •Restitution. Courts will also order someone convicted of identity theft to pay restitution if a victim suffered any type of financial loss.

    Financial losses include payments for any costs associated with correcting the victim’s credit history, losses because of fraudulent financial transaction, or any other expenses caused by the crime.
    This will most likely be worked out in the divorce proceedings.

    Where is he getting the money now to pay his expenses and restitution? Is he now employed?
  • 10-31-2014, 07:47 AM
    Heartbreaker
    Re: What is Punishment on Identity Theft
    He is still looking for job at the moment. He got some profit from buying and selling on ebay. And he also borrow money from his family members to pay back to his wife since she demands him to pay asap despite he is still unemployed, else she will reports him to put him in jail.
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