Identity theft is a Class B felony under Alabama law and carries serious consequences. These theft crime cases can involve digital evidence, financial records, identification documents, and other records that may be difficult to obtain or interpret.
Depending on the facts, related conduct could also lead to federal charges. If you’ve been arrested for identity theft in Birmingham, AL, what you do in the first days after the arrest matters. Jaffe, Hanle, Whisonant & Knight, P.C. can step in quickly, protect your rights, and begin reviewing the case.
Call us at (205) 930-9800 to schedule a free consultation with a Birmingham identity theft lawyer today.
Why Choose Jaffe, Hanle, Whisonant & Knight, P.C. if You’re Arrested for Identity Theft in Birmingham, AL?
Identity theft prosecutions in Birmingham, Alabama, can involve detailed records and technical evidence. Working with a Birmingham theft crimes lawyer who understands both state and federal criminal cases can be important to your defense.
Defendants facing theft crime charges choose Jaffe, Hanle, Whisonant & Knight, P.C. for several reasons:
- Our attorneys have 100 years of combined legal experience
- We handle cases in both state and federal courts
- Members of our legal team have been recognized by prestigious organizations such as Super Lawyers® and The National Trial Lawyers Top 100
- Multiple attorneys with 10.0 “Superb” Avvo ratings
From your first call to our Birmingham criminal defense lawyers, we’ll explain your options and give you an idea of what to expect. Contact us today to schedule a free consultation with a Birmingham criminal defense attorney.
Overview of Identity Theft in Alabama
Under Alabama law, identity theft occurs when someone, without the victim’s authorization, consent, or permission and with the intent to defraud, obtains, records, accesses, or uses identifying information in one of the ways prohibited by statute.
Identity theft charges in Alabama can be based on:
- Accessing or obtaining identifying information to get money, identification documents, or benefits
- Using someone else’s identifying information to obtain goods or services
- Getting identification documents issued in the victim’s name
- Using another person’s identity to obtain employment
The statute does carve out one narrow exception. It does not apply when someone uses another person’s identity solely to misrepresent their own age, for example, to obtain alcohol or tobacco. That conduct may still violate other laws, but it is not treated as identity theft under this statute.
Identity-related conduct can also implicate federal law in some cases, particularly when federal identification documents, interstate activity, or other federal offenses are involved. Applicable federal law for these crimes is 18 U.S. Code § 1028, which may apply to general identity fraud and document offenses, while 18 U.S. Code § 1028A applies to aggravated identity theft.
Our Birmingham identity theft attorneys can review the allegations against you and help you understand how Alabama law may apply.
What Are the Penalties for Identity Theft in Birmingham, Alabama?
Identity theft is a Class B felony in Alabama.
A conviction can carry:
- Two to 20 years in prison
- A fine that may be up to $30,000, although Alabama law can permit a higher fine based on the financial gain or victim loss
- Restitution where authorized and applicable
If a firearm or deadly weapon was used or attempted to be used in committing a Class B felony, Alabama law generally sets a minimum prison term of 10 years.
An identity theft conviction can also create collateral consequences aside from the criminal sentence. Depending on the circumstances, it may affect employment, professional licensing, housing, firearm rights, or immigration matters.
Our Birmingham theft crimes attorneys can conduct a thorough investigation into the evidence, challenge the prosecution’s narrative, and explore every available avenue—including potential diversion programs or charge reductions—to protect your future and preserve your rights throughout the judicial process.
What Defenses Can Be Raised if I’m Arrested for Identity Theft?
The prosecution must prove that you committed one of the acts prohibited by Alabama’s identity theft statute, did so without the victim’s authorization, consent, or permission, and acted with intent to defraud.
Possible defenses may include:
- Lack of intent to defraud: Evidence that the person authorized the use of their information can undermine an identity theft charge. Facts showing that the defendant did not act with intent to defraud may also be relevant.
- Mistaken identity: An investigation can identify the wrong person, particularly when someone uses another person’s name, account information, or digital credentials to hide their own identity.
- Unlawful search or seizure: If law enforcement obtained devices, records, or statements in violation of constitutional protections, the defense may seek to suppress evidence when legally appropriate.
The right defense depends on the records, devices, and how the investigation was conducted. Our Birmingham criminal defense lawyers can help you review the evidence and determine which defenses may apply to the facts of your case.
Schedule a Free Case Evaluation With a Birmingham Identity Theft Lawyer Today
An identity theft arrest is serious, but an arrest is not a conviction. The evidence may raise factual or legal issues that can be challenged, and early review may help preserve important records, devices, or transaction history.
Consider speaking with a Birmingham identity theft attorney before making important decisions about questioning or a plea offer. Contact Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation today.