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Utah Identity Fraud - Salt Lake Criminal Defense Attorney

Identity fraud in Utah is a felony crime that can result in significant jail or prison sentence. If you are facing criminal charges for identity fraud (sometimes called "identity theft"), you need an experienced Utah criminal defense attorney on your side. Stephen Howard has protected the rights of his clients in thousands of serious felony and misdemeanor cases during his career. Contact us today to schedule an initial consultation.

Elements of an Identity Fraud Charge in Utah

Under Utah law, a person is guilty of the crime of identity fraud if that person " knowingly or intentionally uses, or attempts to use, the personal identifying information of another person, whether that person is alive or deceased, with fraudulent intent, including to obtain, or attempt to obtain, credit, goods, services, employment, any other thing of value, or medical information." (See Utah Code 76-6-1102.)

The concept of "personal identifying information" is broadly defined, and can include a name, address, birth date, telephone number, social security number, driver license number, employment information, mother's maiden name, and other information related to a person's financial or medical records.

Utah's identity fraud statute requires that the personal information belong to another actual person. The person may be either living or deceased. But the person must be a real person. The statute further provides, however, that it is not a defense to an identity theft charge that the defendant did not know that the personal information belonged to another actual person.

Penalties for an Identity Fraud Conviction in Utah

A conviction for identity fraud in Utah is punishable as a second degree felony if the valued of the goods, services, credit, employment, or other thing of value is or exceeds $5,000 or if a person suffers some bodily injury as a result, either directly or indirectly, of the use of the personal identifying information. If there is only financial damage less than $5,000, then a charge of identity fraud is a third degree felony.

Under Utah law, a second degree felony is punishable by up to 15 years in prison and a $10,000 fine plus an additional 90% surcharge. A third degree felony is punishable by up to five years in prison and a $5,000 fine plus a 90% surcharge.

Finding a Utah Criminal Defense Attorney in Salt Lake City

The crime of identity fraud is taken seriously by Utah prosecutors and judges. The best outcome for your case is more likely when you have an experienced criminal defense lawyer on your side. Utah criminal attorney Stephen Howard has defended thousands of serious criminal cases during his career, including identity fraud, securities fraud, communications fraud, insurance fraud, and more.

Based in Salt Lake City, Mr. Howard offers legal services to clients throughout Utah. Contact us today to arrange for an initial consultation.


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  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • Utah Expungement Attorney Salt Lake Davis Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Utah Burglary Attorney Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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