In New Mexico, identity theft is a crime and classifiable as a 4th Degree felony. A conviction can result in up to eighteen (18) years in prison and fines of up to $15,000. Civil courts can also order you to pay restitution, attorneys’ fees, and court costs to the victim if a lawsuit is filed.
In This Post
In this post, I describe what identity theft is, potential penalties associated with a conviction, and what you can do to protect your rights. Always speak with a criminal defense lawyer in New Mexico to provide personalized legal advice.
What Is Identity Theft?
Identity theft is a crime that involves the use or theft of another individual’s personally identifiable information, such as name, address, date of birth, and social security number. Under NMSA § 30-16-24.1, New Mexico identity theft laws apply to fraud that occurred online and offline.
Typically, this information is obtained to:
- Open up bank accounts
- Apply for credit
- Make unauthorized purchases
- Receive false credentials
- Enter countries illegally
- Start a new life
- Engage in other criminal acts
Regardless of the purpose, it is a crime to engage in identity theft. If you are accused of identity theft in New Mexico, it is essential to understand that you can fight the charges you are facing. Your criminal defense lawyer will help devise a case strategy that protects your rights and seeks the best possible outcome for the situation and evidence.
Types of Identity Theft
When charged with identity theft, the judge or jury will also consider the means used. There are several types of identity theft, and some acts are more intricate than others.
Types of identity theft include:
- Financial: Acts involving identity theft for financial gain.
- Medical: Acts involving identity theft for medical care or prescriptions.
- Criminal: Acts involving false identification when arrested.
- Child: Acts involving the misuse of a minor’s personal information.
- Cloning: Acts involving the use of identity to conceal a true identity.
- Synthetic: Acts involving the total or partial fabrication of an identity.
Some of these cases are incredibly challenging for the prosecutor to prove since they are complicated. Do not let them hold you accountable for a crime of which they have no evidence that you committed.
Avoid Penalties for Identity Theft in New Mexico
New Mexico classifies identity theft as a very serious charge. The maximum punishment for identity theft alone is steep. Plus, the judge may have the discretion to increase or decrease your identity theft penalties based on the given circumstances.
Hire a New Mexico Criminal Defense Lawyer
While every case is unique, the most practical way to avoid penalties for identity theft in New Mexico is by hiring a criminal defense lawyer. He or she will conduct an independent investigation of the facts to determine what evidence the prosecutor has against you while devising a case strategy.
In addition to a full investigation, we will also:
- Provide legal support to help you cope with feelings of anxiety and fear
- Offer legal counsel and guidance throughout the process
- Use expert witnesses and cutting-edge strategies to defend your rights
- Subpoena witnesses and organizations to obtain key evidence
- Answer questions related to identity theft laws and prosecution as they arise
- Devote the necessary time, energy, and resources to defend your case
- Try to negotiate deals with prosecutors if there are no other options
- Develop sentencing recommendations if there are no other options
You should not have to accept responsibility for a crime you did not commit. There are opportunities available to defend yourself. In some cases, your attorney can help you handle the situation before ever stepping foot into a courtroom.
However, it is essential that you contact our legal team as soon as possible. We will help you avoid legal mistakes while protecting your dealings with law enforcement and courts. Our objective is to get your charges dropped, reduced, or dismissed.
Contact Us for a Free Case Strategy Session
If you were questioned or arrested in connection with identity theft, do not wait for the police to come knocking. Instead, hire a criminal defense attorney in New Mexico at Grano Law Offices, P.C. to protect your case. Get a Free Case Strategy Session call (505) 426-8711 or message us through the contact form at the bottom of this page.
Can’t Meet In-Person? No Problem
My office provides convenient and secure methods of communication. In these uncertain times, I understand it is not always possible for my clients to travel to my office. Grano Law Offices, P.C. offers video and telephone chats to make representation as easy as possible.
