John Wesley Hall

How does Arkansas state law classify identity theft charges?

When police charge a person with a crime, it is not unusual for the accused person to feel as if a lot of actions are taking place all at once and then to feel as if nothing is progressing. Unfortunately, criminal cases can take a considerable amount of time to address, and if the police have charged you with a crime, you will want to take time of your own to gain information about the allegations.

Most crimes can have differing levels of severity. This fact means that, if you have a charge of identity theft brought against you, you will face a felony charge but could face one of multiple classes of felony.

Identity theft

In Arkansas, state law addresses identity theft as either a crime that involves financial fraud or a crime without specifically financial repercussions. Those crimes are as follows:

  • Financial identity theft occurs when an individual uses another person's identifying information to open credit, debit or other financial accounts.
  • Non-financial identity theft involves using another person's identifying information in the course of another crime, such as trying to avoid persecution by claiming to be someone else.

Either type of identity theft could result in a Class B, C or D felony under state law.

What class is your charge?

Understanding the details of your criminal charges is a vital part of building a meaningful defense. Therefore, you may want to know into which class your charge falls. The following factors may determine your classification:

  • State law considers general financial identity fraud as a Class C felony.
  • If the financial identity theft involved a victim who was elderly or disabled, the charge would fall into the category of a Class B.
  • Non-financial identity theft is typically a Class D felony.
  • The state could classify the charge as a Class C felony if the victim was elderly or disabled.

Of course, because you likely do not have an extensive legal background, you may still not understand the allegations, even after knowing their classifications. Fortunately, you can work with a knowledgeable defense attorney who can help you see more clearly how charges differ, what your exact allegations mean and how you can create a meaningful defense. Moving forward with this help may also allow you to feel more in control as your case proceeds.

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