Understanding Identity Theft Charges in Pennsylvania

If you’ve been charged with identity theft in Philadelphia or anywhere in Pennsylvania, it’s important to understand what the law says, what penalties you could face, and how an experienced criminal defense attorney can help protect your rights and reputation.

What Is Identity Theft Under Pennsylvania Law?

Under 18 Pa. C.S. § 4120, identity theft occurs when a person uses or possesses someone else’s personal identifying information without their consent, and does so to further any unlawful purpose.

That means you can be charged if you use another person’s:

• Name

• Social Security number

• Driver’s license number

• Bank account or credit card number

• Date of birth

• Email or online account credentials

—even if no money was taken or no direct harm occurred.

Common Examples of Identity Theft in Pennsylvania

You might be surprised at how broad identity theft charges can be. Common situations that lead to criminal charges include:

• Using someone else’s credit card without permission

• Applying for a loan or utility service in another person’s name

• Filing a false tax return using another person’s Social Security number

• Using a fake or stolen ID to get into a bar or apply for a job

• Accessing someone’s bank or social media account

• Misusing a deceased person’s information for financial gain

Many identity theft cases are charged along with fraud, forgery, or access device offenses, depending on the situation.

Penalties for Identity Theft in Pennsylvania

The penalties depend on how many victims are involved and how much money was stolen (if any):

• First offense (1 victim, less than $2,000):

  • First-degree misdemeanor

  • Up to 5 years in prison and a $10,000 fine

• More than $2,000 or multiple victims:

  • Third-degree felony

  • Up to 7 years in prison and a $15,000 fine

• Repeat offense (any amount):

  • Second-degree felony

  • Up to 10 years in prison and a $25,000 fine

In addition, victims may sue you in civil court, and a conviction can permanently impact your ability to work in finance, government, or health care.

Defenses to Identity Theft Charges

Being charged does not mean you’re guilty. A skilled criminal defense attorney will examine the facts and may use one or more of the following defenses:

✅ Lack of intent – You did not act with the intent to commit fraud or unlawful gain
✅ Consent – The alleged victim allowed you to use their information
✅ Mistaken identity – You were wrongly accused or your device was used without your knowledge
✅ Insufficient evidence – The prosecution cannot prove who accessed the data or for what purpose
✅ No financial gain – While not always a full defense, lack of monetary harm can help reduce charges or penalties

Your attorney may also challenge how the evidence was obtained, especially in cases involving digital devices or seized records.

Can Identity Theft Charges Be Dropped or Reduced?

Yes—especially for first-time offenders or cases where the value is low or no real harm occurred. Your attorney may be able to:

• Negotiate restitution in exchange for reduced charges

• Advocate for ARD (Accelerated Rehabilitative Disposition) or other pretrial diversion programs

• Argue for dismissal based on lack of evidence or improper police procedures

• Present a strong defense at trial, if necessary

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

Identity theft charges are serious—and can follow you for the rest of your life. But you don’t have to face them alone. With over 30 years of experience defending clients against white-collar and fraud-related charges in Philadelphia and across Pennsylvania, Mark D. Hauser will build a strong defense and fight to protect your future.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.