February 24, 2024 Last Updated: October 16, 2025 by Anthony Riccio
Navigating identity fraud laws is vital for anyone accused of this crime. Identity theft charges can bring severe penalties, including jail time and high fines, and in some cases, federal prosecution. With guidance from an experienced Massachusetts criminal defense lawyer, accused individuals can better understand their options and protect their rights.
Identity fraud involves using someone else’s personal information for fraudulent purposes. The legal elements include impersonation, lack of consent, intent to deceive, and obtaining something of value. Related offenses often include forgery and the use of false records.
Chapter 266 Section 37E of the Massachusetts General Laws governs identity fraud. Prosecutors must prove beyond a reasonable doubt that the accused:
Something of value may include money, credit, services, or fraudulent ID cards. Identity theft is often linked to credit card fraud, employment fraud, or immigration-related offenses. Increasingly, technology plays a central role in these crimes, with stolen passwords, Social Security numbers, or bank credentials frequently used.
|
Aspect |
Importance |
| Identity fraud definition | Unauthorized use of personal information |
| Legal elements of identity fraud | Impersonation, lack of consent, intent to deceive |
| Consequences of identity theft charges | Severe fines, jail time, federal charges |
| Defenses against identity theft charges | Authorization, lack of intent, mistaken identity |
| Related offenses | Forgery and uttering false records |
| Importance of seeking legal advice | Expert guidance in navigating identity fraud cases |
Identity theft is a serious crime in Massachusetts, regardless of how the information was used. Penalties include fines of up to $5,000, imprisonment for up to 2.5 years, or both.
Beyond state law, federal charges may apply. Under 18 U.S.C. § 1028A, aggravated identity theft carries a mandatory two-year prison term if tied to a felony, and up to five years if linked to terrorism. These penalties are in addition to any sentence imposed for the related offense.
Not all cases result in federal charges. Many are prosecuted only under state law, but the consequences remain severe. Even without federal involvement, convictions can bring steep fines, jail time, and long-term consequences such as reputational harm and difficulty finding employment.
Facing identity theft charges does not guarantee a conviction. Possible defenses include:
A traditional defense of mistaken identity is that the person accused of the crime did not steal the victim’s identity. If no proof exists to tie the accused to the act, there may not be sufficient evidence to convict.
Two charges often connected with identity fraud include:
An experienced defense lawyer can help individuals accused of identity theft, forgery, counterfeiting, and other crimes build a defense that affords them the best possible chance of a favorable outcome.
When you’re accused of identity theft, the stakes couldn’t be higher. These cases often involve technical evidence, financial records, and complicated laws that most people have never dealt with before. Trying to go through it alone can leave you vulnerable to mistakes that prosecutors will use against you.
A seasoned defense attorney knows how to pick apart the government’s case, question how evidence was gathered, and make sure your side of the story is heard. At Riccio Law, we focus on giving clients practical, aggressive defense strategies aimed at protecting what matters most: your freedom, your reputation, and your future.
An identity theft charge can turn your life upside down, threatening your freedom, finances, and reputation. The laws are complex, the penalties are severe, and the government often pursues these cases aggressively. That’s why the smartest step you can take is getting a skilled defense lawyer on your side as early as possible.
At Riccio Law, we understand how overwhelming these situations can be, and we’re here to help you through them. Attorney Anthony Riccio has the experience to challenge the prosecution’s case, protect your rights, and fight for the best possible outcome.
If you’re facing identity fraud charges, don’t wait. Contact Riccio Law today for a confidential consultation and take the first step toward protecting your future.
