Attorneys for Identity Theft in Cincinnati, OH
The attorneys at Joslyn Law Firm represent clients charged with a variety of theft and fraud charges under Chapter 2913. The crime of identity fraud in Ohio is set out in Ohio's R.C. Section 2913.49. In many of these cases the person accused will claim that the information was obtained, possessed, used, created, or permitted to be used for a lawful purpose. Other important defenses exist for this serious criminal charge.
If you were charged with identity theft in Cincinnati or the surrounding areas of Hamilton County, Ohio, then contact the attorneys at Joslyn Law Firm. Our criminal defense attorneys are ready to help you fight your charges. Let us put our experience to work for you. Call (513) 399-6289 today for a free consultation.
Elements of Identity Fraud in Ohio
The elements of identity fraud in Ohio are set out in Ohio's R.C. Section 2913.49. The elements of the offense are as follows:
1. The defendant without the express or implied consent of the victim;
2. Used, obtained, possessed any personal identifying information of the victim;
3. The act was committed with the intent to:
- hold himself or herself out to be the victim; or
- represented victim's personal identifying information as the defendant's own personal identifying information.
The elements under 2913.49(B) provide:
1. The defendant created, obtained, possessed, used the personal identifying information of the victim;
2. With the intent to aid or abet a third person in using, obtaining, possessing any personal identifying information of the victim; or
3. With the intent to hold the third person out to be the victim; or represented the victim's personal identifying information as the third person's own personal identifying information; and
4. Without the express or implied consent of the victim.
The jury instructions for identify fraud are set out in CR 513.49 for offenses committed on and after 9/30/11. The jury instructions for this offense were last revised on January 21, 2012.
Definitions under Ohio's Identity Theft Statute
Under Ohio's R.C. 2913.49(C), the term “third person” means an individual that is neither the defendant nor the victim of the conduct. The crime can also be committed when a person with intent to defraud, permitted another to use the defendant's own personal identifying information.
Under Ohio's R.C. 2913.49(D), although permitted to use another person's personal identifying information, the defendant possessed, obtained, or used the personal identifying information of another with intent to defraud any person by holding himself or herself out to be the other person or by representing the other person's personal identifying information as the defendant's own personal identifying information.
When the victim's lack of consent is an issue in the case, the jury will often be instructed that "A person lacks the capacity to consent when he/she is impaired for any reason to the extent that he/she lacks sufficient understanding or capacity to make or carry out reasonable decisions concerning himself or herself or his or her resources.
Criteria Used to Determining Value in Identity Theft Cases
The degree of the charge and the penalty impose might depend on the value of the credit, property, or services obtained or sought by the defendant and/or all debts or other legal obligations avoided or sought to be avoided by the defendant involved in that offense.
The degree of the offense might also be enhanced based on the status of the victim. For instance, the degree of felony will change for the same amount of value if the victim is an elderly person or disabled adult. R.C. 2913.49(I).
Under some circumstances, the value can also be determined by aggravating the value of all the credit, property, or services obtained or sought to be obtained and/or all debts or other legal obligations avoided or sought to be avoided under R.C. 2913.49(H)(1). The penalties depend on whether it value is set at:
- less than $1,000;
- $1,000 or more and less than $7,500;
- $7,500 or more and less than $150,000; or
- “$150,000 or more”
Finding a Cincinnati Attorney for Identity Theft Offenses
If you were charged with identity theft in Cincinnati or the surrounding areas in Hamilton County, Ohio, then contact an experienced criminal defense attorney at Joslyn Law Firm.
We are experienced in representing clients on a wide variety of white collar and financial crimes including unauthorized use of property, passing bad checks, misuse of credit card, tampering with records, securing writings by deception and falsification. Call (513) 399-6289 today for your free consultation.
This article was last udated on Monday, November 23, 2015.