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Defenses Against Identity Theft Allegations

Identity theft is one of the most common types of fraud, and even its minor forms can have serious consequences for suspects. The accused can face a ruined reputation, jail time, and even damage to their career prospects.

This article explores defense strategies that can help you fight identity theft charges.

Lack of Intent

It is not enough for your accusers to say that you did something by accident. They must also prove that you meant to commit a crime.

You can argue that you had no intention of committing identity theft. For instance, perhaps you unintentionally used someone else's personal information. Maybe you typed in the wrong credit card number, and it coincidentally matched someone else’s payment info. Perhaps you accidentally logged into a computer someone else was using and didn’t realize you were making transactions in their name.

Mistaken Identity

Assert that you have been wrongly identified as the perpetrator. Identity theft cases can be complicated. Sometimes, a thief steals one person’s identity, then they use that identity to overtake another.

Working with your attorney, gather any evidence that shows someone else has stolen your identity and used it for fraudulent purposes. This could include surveillance footage, timestamps, electronic communications, and so on.

Proving that you were not involved can be complicated, so work closely with a good attorney who can thoroughly investigate your records.

Insufficient Evidence

Challenge the prosecution's evidence against you. Request complete copies of all relevant documents, including any surveillance footage, financial records, or communication logs. Your attorney can analyze these documents and look for any inconsistencies or lack of conclusive evidence.

By taking a proactive approach, you may be able to build a stronger defense and raise doubt about the prosecution's case. Remember, in criminal cases, the burden of proof is on the prosecution. If they can't provide sufficient evidence, you may be able to beat the charges or negotiate a more favorable plea deal.


If you have a strong alibi that proves you were elsewhere at the time the alleged identity theft occurred, present this evidence to support your defense. This could include receipts, witness statements, or any other documentation that can verify your whereabouts.

These pieces of evidence can play a crucial role in supporting your defense and demonstrating your innocence.

Unlawful Search and Seizure

If any evidence against you was obtained illegally, such as through an unlawful search and seizure, your attorney can file a motion to suppress that evidence. This could weaken the prosecution's case or even lead to its dismissal.

Lack of Knowledge

In our high-tech world, it’s easy to slip up and commit a crime simply by accident. A lack of knowledge means that you genuinely did not know you were using someone else’s information. This defense requires solid evidence, so make sure to work closely with your attorney.


If the alleged victim willingly shared their information with you, and they gave explicit consent for you to use it, then you have a legitimate defense in court.

Evidence of consent includes:

  • Identity trading
  • Shared finances
  • Communication records 

Masella Law Firm, P.A. is here to help defend you against identity theft charges. If you’ve been accused, reach out to us for a consultation. You can contact us online or call our office at (803) 938-4952.