Identity theft is no joke. A single accusation can swiftly and permanently change your future’s trajectory. Nebraska law takes these cases seriously, and punishment is severe. But what is the penalty for identity theft, and what can you do to fight the charges?
The sentence for identity theft in Nebraska depends on several factors, including the value of the stolen assets and whether the crime involved multiple victims. If you are convicted, you could face years in prison, massive fines, and a criminal record that follows you for life. Whether the case involves financial fraud, medical identity theft, or unauthorized access to personal information, Nebraska law does not take these crimes lightly.
The stakes are high, but you are not powerless. You have rights, options, and the ability to fight back. If you are facing charges, Petersen Criminal Defense Law can help. Attorney Tom Petersen has handled over 8,000 criminal cases throughout his career. He knows how to navigate the complexities of identity theft charges and fight for the best possible outcome.
What Is the Penalty for Identity Theft in Nebraska?
Sentences vary depending on the circumstances of the crime. Under Nebraska Revised Statute § 28-636, identity theft offenses are classified by the value of the stolen assets and other aggravating factors.
Misdemeanor Identity Theft
When the financial loss is low, the punishment for identity theft may be less severe and can include:
- Value under $500—class II misdemeanor that’s punishable by up to six months in jail and a $1,000 fine; and
- Value between $500 and $1,500—class I misdemeanor that is punishable by up to one year in jail and a $1,000 fine.
Even a misdemeanor conviction can impact employment and housing opportunities and negatively impact your reputation.
Felony Identity Theft
If the stolen value exceeds $1,500 or involves repeated offenses, the prosecution will likely charge you with a felony. Identity theft punishment is more severe for felonies, as follows:
- Value between $1,500 and $5,000—class IV felony, punishable by up to 2 years in prison, 1 year of post-release supervision, and a $10,000 fine;
- Value between $5,000 and $25,000—class III felony, punishable by up to 4 years in prison, 2 years of post-release supervision, and a $25,000 fine; and
- Value over $25,000—class IIA felony, punishable by up to 20 years in prison.
Felony identity theft can have long-term consequences, including loss of voting rights and difficulties securing employment. Federal identity theft laws can also apply, leading to even more severe penalties.
If you face these charges, calling Petersen Criminal Defense Law as soon as possible can make a significant difference in building a strong defense.
What Aggravating Factors Increase a Sentence for Identity Theft?
Some cases involve additional elements that result in harsher identity theft punishment. These factors can include:
- Multiple victims—prosecutors can charge each instance separately, leading to consecutive sentences;
- Use of identity theft to commit other crimes—if identity theft is linked to fraud, forgery, or drug crimes, penalties increase;
- Exploitation of vulnerable individuals—stealing from the elderly or disabled may lead to enhanced charges; and
- Interstate or federal violations—if the crime crosses state lines, federal agencies like the FBI may get involved, increasing penalties.
When these factors apply, penalties can be significantly higher. A skilled criminal defense lawyer can analyze your case, challenge weak evidence, and develop a strategic defense to fight for the best possible outcome.
Defenses
If you face identity theft accusations, you need a defense strategy tailored to your situation. Potential defenses include:
- Lack of intent—proving you did not knowingly commit fraud;
- Mistaken identity—demonstrating another person was responsible for the crime;
- Lack of sufficient evidence—challenging the prosecution’s case based on weak or circumstantial proof;
- Consent—arguing that the alleged victim authorized the use of their information; and
- Unlawful search and seizure—moving to exclude unlawfully obtained evidence, thereby weakening the prosecution’s case.
Every case is unique. Petersen Criminal Defense Law examines all available defenses to build your most effective defense.
How We Can Help
Petersen Criminal Defense Law has defended thousands of individuals against criminal charges in Nebraska, delivering fierce, strategic representation that turns the tide in even the toughest cases. Our focus is clear: criminal defense and nothing else. This laser-sharp dedication means unparalleled skill in identity theft cases and a relentless pursuit of justice for every client. When you put your trust in us, you gain a powerhouse defense team ready to fight for your freedom.
Facing identity theft charges can be overwhelming, but you don’t have to handle it alone. Contact Petersen Criminal Defense Law today for a free initial consultation with no obligation. We look forward to protecting your future.
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