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.