Nebraska courts and law enforcement officials work hard to protect the identities of its citizens. Therefore, any allegations of stealing personal information are taken very seriously and will be harshly punished upon conviction.
If you are being investigated or were charged with the theft of someone’s identity or personal information for your own gain, it may be time to call a Nebraska identity theft lawyer. A seasoned lawyer can help to protect your reputation while fiercely fighting the charges you are facing.
Understanding Identity Theft Charges
As defined by Nebraska Revised Statute §28-639, a person may be found guilty of identity theft if the prosecution can prove beyond a reasonable doubt that they knowingly gained possession of another’s personal identifying information without consent and then used it for personal gain. Identity theft has been deemed a Class IIA felony in Nebraska if the value of the monetary gain or resulting valuables is determined to be worth $5,000 or more.
Convictions for Class IIA felonies in Nebraska can carry a sentence of up to 20 years in prison. However, a conviction for a lower-valued identity theft can result in a lighter sentence. Regardless of the level of offense, anyone facing these allegations should work with a Nebraska identity theft attorney to fight the charges.
What is Considered Legal Activity in Nebraska
The Nebraska legislature made it clear in Neb. Rev. Stat. §28-639 that certain activities are not considered identity theft, including the following:
- Lawfully obtaining credit information in the course of commerce
- Actions by a creditor or a financial institution
- Good faith compliance with a warrant for certain personal information
- Investigative activity by law enforcement
An informed identity theft lawyer in Nebraska can examine the specific facts of your case to build a strong defense.
When Is Restitution for Identity Theft Necessary?
Anyone who is found guilty of identity theft in Nebraska may be ordered to pay restitution in addition to fines. Under the Neb. Rev. Stat. §29-2280, restitution may be appropriate when the value of the loss can be reasonably calculated.
According to the statute, an order for restitution may be requested by the prosecuting attorney or the victim. However, the requestor must provide documentation that supports the amount of actual damages before a Nebraska court can declare that restitution is appropriate. A Nebraska identity theft attorney can further explain when and if restitution may apply.
Meet with a Nebraska Identity Theft Attorney Today
A conviction for identity theft could lead to years of incarceration, as well as hefty fines. Moreover, in certain circumstances, the Nebraska court may order that the accused individual pay restitution as part of his or her sentence.
If you are facing these accusations, you should not wait to contact an aggressive attorney who can defend your rights. A skilled Nebraska identity theft lawyer has the experience necessary to help protect your rights and reputation. Call Berry Law today for a confidential consultation and begin fighting back.