US Legal Forms
Legal Resources
Questions & Answers
Criminal
Is identity fraud a felony and what are the penalties?

Is identity fraud a felony and what are the penalties?

Full question:

Is identity fraud a felony? If so, how many years it carries?

Category: Criminal
Date: 04/07/2025
State: Virginia

Answer:

Identity fraud can be a felony, depending on the circumstances. In Virginia, violations of identity theft laws can lead to different penalties:

Generally, identity theft is a Class 1 misdemeanor.
If the violation results in a financial loss greater than $200, it is classified as a Class 6 felony.
Subsequent convictions also result in a Class 6 felony.
If five or more people's identifying information is involved, it is a Class 6 felony.
If fifty or more people's information is involved, it is a Class 5 felony.
If the use of someone else's information leads to their arrest, it is a Class 6 felony.

Upon conviction, the court may also order restitution to the victim for expenses related to correcting their information (Va. Code § 18.2-186.3).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is identity theft a felony in the US?

Yes, identity theft can be classified as a felony in the U.S., depending on the specific circumstances and the amount of financial loss involved. Each state has its own laws regarding identity theft, which may categorize it differently. In Virginia, for example, identity theft can be a Class 6 felony if it involves a financial loss greater than $200 or affects multiple individuals. Always check your state's specific statutes for the most accurate information.

What is the sentence of identity theft?

The sentence for identity theft varies by state and the specifics of the case. In Virginia, identity theft can result in a Class 1 misdemeanor or a Class 6 felony, depending on factors like financial loss or the number of victims involved. A Class 6 felony can carry a sentence of one to five years in prison. Always consult local laws for precise sentencing guidelines.

How serious is identity fraud?

Identity fraud is considered a serious crime due to its potential financial impact on victims and the violation of personal privacy. In Virginia, identity fraud can lead to misdemeanor or felony charges, with felonies carrying significant penalties, including imprisonment and restitution to victims. The seriousness of the crime often depends on the scale of the fraud and the number of individuals affected.

Do police actually investigate identity theft?

Yes, police do investigate identity theft cases. Victims are encouraged to report identity theft to law enforcement, who can gather evidence and pursue criminal charges against offenders. Investigations may involve collaboration with financial institutions and other agencies to track down the perpetrators. However, the extent of the investigation can vary based on the case's complexity and available resources.

How long is a sentence for identity fraud?

The length of a sentence for identity fraud depends on the severity of the crime and state laws. In Virginia, identity fraud can be classified as a Class 1 misdemeanor or a Class 6 felony. A Class 6 felony can result in a prison sentence ranging from one to five years, while a Class 1 misdemeanor may lead to less severe penalties. Always refer to local laws for specific sentencing information.

How many years do you get for fraud identity theft?

The sentence for fraud identity theft can vary widely based on the jurisdiction and the specifics of the case. In Virginia, identity theft is generally classified as a Class 6 felony if it involves significant financial loss or multiple victims, which can result in one to five years in prison. The exact sentence will depend on the circumstances surrounding the crime and prior convictions.

Find a legal form that suits your needs

Browse our library of 85,000+ state-specific legal templates.

This field is required