Philadelphia Identity Theft Lawyer

Identity theft is a serious felony in Pennsylvania, and a conviction that can follow you for the rest of your life. If you are facing identity theft charges in Philadelphia, you need a defense attorney who understands both the complexity of these cases and what is at stake for you personally. At Latta Law, we represent people charged with identity theft and related financial crimes throughout the Philadelphia area, and we fight hard to protect our clients at every stage of the process.

Being charged is not the same as being convicted. Prosecutors must prove every element of the prosecution beyond a reasonable doubt, and legal defenses are often available. The sooner you have an experienced attorney in your corner, the better positioned you are to challenge the evidence and work toward the best possible outcome.

What Is Identity Theft in Philadelphia?

Under 18 Pa. C.S. Section 4120, identity theft occurs any time a person uses someone else’s identifying information without their consent to obtain a benefit, avoid a legal obligation, or to cause harm. That definition is broader than most people expect. It is not limited to hackers or organized fraud rings. Everyday situations can give rise to identity theft charges, and the consequences are just as serious regardless of how the alleged theft occurred.

Identifying information covered under the statute includes names, Social Security numbers, dates of birth, driver’s license numbers, bank account and credit card numbers, PINs, digital signatures, and biometric data. Common examples of conduct that can lead to identity theft charges in Philadelphia include:

Opening a credit card or taking out a loan in someone else’s name, then using the credit or leaving the debt behind without paying it.
Draining a victim’s bank account by obtaining their account number and routing information, whether all at once or gradually through smaller transactions to avoid detection.
Filing a fraudulent tax return using a victim’s Social Security number to claim and pocket their refund before they can file themselves.
Using another person’s medical insurance information to receive treatment, prescriptions, or reimbursements the person could not obtain in their own name.
Opening utility or phone accounts in a victim’s name to avoid having to pay past-due balances on accounts tied to the defendant’s own identity.
Giving law enforcement another person’s name, date of birth, or identification during an arrest or traffic stop to avoid having a charge entered on one’s own record.

Identity theft can also be charged in connection with other offenses. Someone accused of using a stolen debit card during a confrontation might also face robbery charges, while defendants who allegedly used fraudulent information to purchase merchandise may face retail theft charges alongside the identity theft count.

Penalties for Identity Theft in Pennsylvania

The penalties for identity theft depend on the number of prior offenses and the total value of what was obtained. Under Pennsylvania law:

A first offense involving less than $2,000 is graded as a misdemeanor of the first degree, carrying up to five years in prison and a fine of up to $10,000.
A second offense, or a first offense involving $2,000 or more, is graded as a felony of the third degree, with a potential sentence of up to seven years.
A third or subsequent offense is graded as a felony of the second degree, carrying up to ten years in prison.
When the victim is 60 years of age or older, the charge is automatically elevated one grade, increasing the sentencing exposure across the board.
Courts may also order restitution to the victim, covering financial losses, costs to repair credit damage, and other documented harm caused by the theft.

Beyond incarceration and fines, a felony conviction for identity theft carries long-term consequences. You may lose your right to own a firearm, which is why cases involving both identity theft and gun crime charges require special care. A felony record can also affect your ability to find housing, maintain a professional license, and secure employment for years after you have completed your sentence.

Common Identity Theft Charges We Defend

Identity theft cases in Philadelphia frequently involve allegations that extend beyond the core statute. Prosecutors often pursue financial crime charges alongside other offenses. Defendants accused of obtaining property or cash through deception may also face robbery charges if the circumstances involved any element of force or threat, or retail theft charges when the allegations involve fraudulent returns or stolen merchandise. Additional charges we frequently see stacked alongside identity theft include:

Theft by deception
Access device fraud
Forgery and fraudulent documents
Computer fraud and unauthorized access
Conspiracy charges when multiple individuals are alleged to be involved

These charges are often stacked together, which can create significant sentencing exposure. Our attorneys carefully analyze every count to identify weaknesses in the prosecution’s case and determine where the most effective challenges can be made.

How Identity Theft Cases Are Investigated

Law enforcement agencies in Pennsylvania and at the federal level have dedicated resources for financial crimes investigations. Cases often begin with a complaint from a financial institution, a business, or an individual victim, followed by a period of investigation that may involve subpoenas for banking records, surveillance, digital forensics, and cooperation with federal agencies such as the FBI’s Financial Crimes Unit.

It is also worth noting that identity theft investigations sometimes overlap with drug trafficking networks, where stolen financial information is used to fund or conceal illegal activity. If your case involves those kinds of allegations, our experience with drug crimes defense means we understand how prosecutors build these cases and where the vulnerabilities tend to be.

By the time charges are filed, prosecutors may already have months of evidence put together, which is why it’s so important to get an attorney as soon as possible. If you are under investigation but have not yet been charged, speaking with an attorney immediately gives you the best opportunity to protect your rights before an arrest.

Contact Latta Law today for a confidential consultation. Call us or use our contact form to speak directly with a Philadelphia identity theft attorney.

Possible Defenses to Identity Theft Charges

There is no one-size-fits-all defense in an identity theft case. The right strategy depends on each specific case, the quality of the evidence, and the strength of the prosecution’s witnesses. Some of the defenses we can use in your case include:

Lack of intent: Identity theft requires knowing, intentional conduct. If you did not know the information belonged to someone else or did not intend to defraud anyone, that may constitute a valid defense.
Authorization or consent: If you had permission to use another person’s identifying information, that negates a core element of the offense.
Mistaken identity: Digital evidence can be misattributed. IP addresses, account access logs, and device records are not always as conclusive as prosecutors claim.
Unlawful search and seizure: If law enforcement violated your Fourth Amendment rights in obtaining evidence, we may be able to have that evidence suppressed. This defense applies across many criminal cases, including those involving guns and drugs where unlawful searches are common.
Insufficient evidence: The prosecution bears the burden of proof. If the evidence is thin, circumstantial, or contradicted by other facts, we could get your case dismissed.

When Identity Theft Intersects with Violent Crime Charges

In some cases, identity theft allegations happen in connection with confrontations or incidents that also lead to charges involving violence. Someone accused of using stolen financial information during an altercation may face assault charges or, in the most serious situations, violent crimes charges. When firearms are alleged to have been involved, gun crimes charges may be added to the indictment as well. In rare and extreme circumstances, identity theft schemes connected to organized criminal activity have also led to homicide charges when violence resulted in a loss of life. Our firm handles all of these charges, and we understand how to mount a coordinated defense when a client faces multiple serious counts at once.

What to Expect When You Work with Latta Law

From the moment you contact us, we treat your case with the care it deserves. We start by reviewing the charges against you and the evidence the prosecution intends to rely on. We explain your options honestly, without sugarcoating the risks or overpromising outcomes. Then we get to work building the strongest possible defense.

We appear in Philadelphia Municipal Court, the Philadelphia Court of Common Pleas, and in federal court when charges involve federal statutes. Whether we are negotiating with prosecutors for a reduced charge or taking a case to trial, our goal is always the same: the best result for our client given the specific facts of the case.

Clients facing DUI charges alongside identity theft allegations — for example, when a fraudulent license is discovered during a traffic stop — present exactly the kind of overlapping case our firm handles. We know how to manage multiple charges strategically and keep the big picture in focus.

According to the Pennsylvania Commission on Sentencing, financial crime cases in Pennsylvania have seen increased prosecutorial attention in recent years, with more defendants facing felony-grade charges than in prior decades. Therefore, having a skilled attorney is no longer optional; it’s critical to your future.

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Frequently Asked Questions About Identity Theft Charges in Philadelphia

Can I be charged with identity theft if I did not steal the information myself?

Yes. Pennsylvania law does not require that you personally obtained the identifying information. If you used, possessed, or transferred someone else’s information knowing it was stolen, you can still face identity theft charges. Prosecutors frequently charge people who received stolen financial data and used it to make purchases or open accounts, even if someone else carried out the initial theft.

What is the difference between identity theft and access device fraud?

Access device fraud is a separate offense under Pennsylvania law that specifically involves unauthorized use of credit cards, debit cards, PINs, or account numbers to obtain money or goods. Identity theft is broader and covers any unauthorized use of someone’s personal identifying information. The two charges frequently appear together in the same case, which is why it is important to have an attorney who understands how each count is constructed and where they overlap.

Will an identity theft conviction show up on a background check?

Yes. A conviction for identity theft, whether graded as a misdemeanor or a felony, will appear on a Pennsylvania criminal background check. Employers, landlords, and licensing boards routinely conduct these checks, and a financial crime conviction can raise red flags in nearly any professional context. In some cases, we may be able to negotiate an outcome that avoids a conviction on your record entirely, which is one of the reasons early legal representation matters so much.

Can identity theft charges be expunged in Pennsylvania?

Expungement eligibility in Pennsylvania depends on the grade of the offense and how the case was resolved. Misdemeanor convictions may become eligible for expungement or limited access after a waiting period under Pennsylvania’s Clean Slate law. Felony convictions are generally not eligible for automatic expungement. If charges were dismissed or you were found not guilty, expungement is typically available. Speaking with an attorney is the best way to understand your specific options.

What should I do if I am contacted by a detective about an identity theft investigation?

Do not speak with investigators without an attorney present. Detectives investigating financial crimes are experienced at asking questions in ways that can produce incriminating answers, even from people who believe they have nothing to hide. Anything you say can be used against you. Politely decline to answer questions and contact a criminal defense attorney as soon as possible. The earlier you involve counsel, the more options you have.

Does it matter if the victim was a family member?

Not under the statute. Pennsylvania law does not carve out an exception for family members. Using a parent’s, sibling’s, or spouse’s identifying information without their consent can still result in criminal charges. These cases are sometimes more complicated emotionally, and they can intersect with other legal matters such as divorce or estate disputes, but the criminal exposure is real and should be taken seriously.

Speak with a Philadelphia Identity Theft Lawyer Today!

A criminal record for identity theft can affect your ability to work, obtain housing, and maintain your reputation in the community. If you have been charged with identity theft in Philadelphia, do not wait to get legal help. The decisions made in the early stages of a case can have lasting consequences.

At Latta Law, we are ready to listen, evaluate your case, and start working on your defense right away. Contact us today to schedule a confidential consultation with an experienced Philadelphia identity theft defense attorney. You deserve an advocate who will fight for you, every step of the way.

Philadelphia Identity Theft Lawyer