Fraud Charges And Identity Theft In Washington
FRAUD CHARGES
What kind of cases are charged as Fraud?
There are a variety of crimes that can be classified as fraud related charges. In some cases fraud charges involve allegations of theft and can be charged as a Theft charge; other times it involves the use of someone else’s identity or financial information. In fact, sometimes even simply having someone’s identification card or debit card can lead to felony charges. Although some cases may be simple, financial fraud cases can also become very complicated with a large amount of financial documents and records that your attorney will need to review to build your case.
What are some common fraud charges?
To read more about a charge in detail, read on below.:
Identity Theft
Possession of Another’s Identification
Financial Fraud
Unlawful Issuance of Checks or Drafts
IDENTITY THEFT
Definition of Identity Theft
RCW 9.35.020 defines the crime of Identity Theft as follows:
To knowingly obtain, possess, use, or transfer
Another’s identification or financial information
With the intent to commit, or to aid or abet, any crime
All of these elements must be proven beyond a reasonable doubt, therefore if any element fails the case may not be able to be proven. For example if you had someone else’s ID or debit card, by mistake, then you did not have it knowingly. or if you had it with their permission, then you were not intending to commit a crime. The true owner of the identity or information can be living or deceased.
Also, the intended crime related to this charge does not have to be an intended theft. For example having someone’s ID in order to impersonate them would be sufficient.
Potential Outcomes for a charge of Identity Theft
As a Class B felony, this charge carries very consequences if convicted. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.
Potential punishments for a conviction for a Class B felony range as follows:
0-10 years of prison (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$20,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
A No Contact Order with the alleged victim
POSSESSION OF ANOTHER’S IDENTIFICATION
Definition of Possessing Another’s Identification
This charge is often considered a lesser charge to Identify Theft, and is designed to encompass the situations that do not amount to Identify Theft as outlined above. The most common scenario for this is a person under the age of 21 who has another person’s ID in order to purchase alcohol or get into bars. Luckily this type of situation is excluded from being charged under RCW 9A.56.330.
RCW 9A.56.330 defines the charge of Possession of another’s Identification as the following:
Knowingly possessing another person’s identification, without their permission
Excluding the following situations:
Obtaining the ID by means other than theft solely to misrepresent their age
Someone engaged in lawful business obtaining an ID through ordinary course of that business
A person who finds another’s ID and does not intend to use it for a crime, or deprive the true owner of it; and takes prompt and reasonable steps to return it.
A law enforcement agency that produces or displays counterfeit cards, checks or personal identification for investigative or educational purposes
This charge is a Gross Misdemeanor.
Potential Outcomes for a charge of Possessing Another’s Identification
As a misdemeanor this charge has much lesser punishments than Identity Theft does. Therefore, resolving your Identity Theft case wih a plea for this type of charge is a great outcome when possible. Your options will depend on the facts of the case and your history. For a free consultation, contact us here.
Potential punishments for a conviction for a gross misdemeanor range as follows:
0-364 days of jail
Fines of $0-$5,000
Probation
Restitution
Classes or Treatment
FINANCIAL FRAUD
Definition of Financial Fraud - Unlawful Possession, Production or Instruments of
Financial Fraud is a broad definition for various situations involving possessing, making, or using IDs, checks, or cards. The exact charge can differ on the facts, all are outlined below.
RCW 9A.56.320 defines Financial Fraud as the following:
Printing or producing a check or other payment instrument in the name or with the account or routing number of a person or entity, without their permission
Possessing 2 or more checks or other payment instruments, either:
In the name or with the account or routing number of a person or entity, without their permission; and with intent to deprive the owner of it or to commit theft, forgery, or identity theft; or
In the name or with the account or routing number of a fictitious person or entity with intent to use it to commit theft, forgery, or identity theft.
Possessing a “personal identification device” with intent to use it to commit theft, forgery, or identity theft.
a "personal identification device" is any machine or instrument whose purpose is to manufacture or print a license, state or federal ID, employee ID, or credit or debit card.
Possessing a personal identification card with a fictitious identification with intent to use it to commit theft, forgery, or identity theft
Possessing a check-making machine, equipment, or software, with intent to use or distribute checks for purposes of defrauding an account holder, business, financial institution, or any other person or organization.
There are exclusions for people conducting a lawful business who obtain these through their ordinary business operations.
This charge is a Class C felony.
Potential Outcomes for a charge of Financial Fraud - Unlawful Possession, Production or Instruments of
As a Class C felony, this charge carries the possibility of prison and other consequences as well. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.
Potential punishments for a conviction for a Class C felony range as follows:
0-5 years of prison (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$10,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS
Definition of the Unlawful Issuance of Checks
This charge criminalizes writing bad checks. Note that while it is common for people to sometimes attempt a payment not knowing there are insufficient funds in the account, this law only criminalizes this when it is done with the intent to defraud.
RCW 9A.56.060 defines the charge of Possession of another’s Identification as the following:
Making or delivering a check to a person or bank for payment, and either:
Knowing at the time that there are insufficient funds with the intent to defraud
Issuing a stop payment or directing the payment not be honored with the intent to defraud and does not settle the payment within 20 days of the payment
Is the Unlawful Issuance of Checks a misdemeanor or felony?
Under RCW 9A.56.060, it can be charged as either a misdemeanor or a felony, mostly depending on the amount of the alleged fraud.
If the amount is over $750 it can be charged as a class C Felony.
Note: this amount can be reached by adding up multiple transactions if they are part of a common plan or scheme.
If the amount is $750 or less it can be charged as a gross misdemeanor.
Potential Outcomes for a charge of Financial Fraud - Unlawful Possession, Production or Instruments of
As a potential felony, this charge can have serious penalties. A good outcome on this type of charge could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.
Potential punishments for a conviction for a Class C felony range as follows:
0-5 years of prison (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$10,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
Potential punishments for a conviction for a gross misdemeanor range as follows:
0-364 days in jail
Fines of $0-$5,000
Probation
Restitution
Classes or Treatment
WHAT CAN YOU DO ABOUT A FRAUD CHARGE?
What should I do if I am accused of Fraud?
If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.
What should I do if I am charged with Fraud?
If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.
What if the alleged victim wants to drop the charges against me?
Sometimes these charges involve the personal information or finances of a friend or family member. We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the District Attorney has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that.
That being said, we can work with the District Attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case. In some cases, the fact that you had the owner’s permission can be a defense to these types of charges.
Can I get my case dismissed?
The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. We can help you assess the evidence and your history to review your options with you.
