Baton Rouge, Louisiana Identity Theft Lawyer
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Being arrested for identity theft is a serious matter that can result in severe legal penalties and long-term consequences. When facing these charges, you need a trusted Louisiana identity theft attorney by your side.
If you’re accused of using someone else’s personal identifying information to open credit accounts, access bank accounts, or deceive a financial institution, it’s time to take action. At The Law Offices of Ossie Brown, we represent individuals charged with identity theft in Baton Rouge and the surrounding areas. Our legal team understands what’s at stake and works to build a strategic defense that protects your rights and challenges the evidence against you.
Take the first step toward protecting your future. Call 225-343-1111 or contact us online to schedule your free consultation with a Baton Rouge white collar crime lawyer today.
What is Identity Theft?
Identity theft is the illegal use (or attempted use) of someone else’s personal identifying information for the purpose of committing fraud. This can include using another person’s Social Security number, credit card number, checking account number, or other sensitive data to steal money, open new credit accounts, or deceive banks and other financial institutions.
The law treats these offenses seriously, whether the information was used to impersonate an individual, a major credit bureau, or another business entity. If you’ve been accused of this crime or named in a law enforcement investigation, speak with a Baton Rouge identity theft defense lawyer immediately.
Identity Theft Statistics
Identity theft remains a significant concern throughout the United States. In 2024, the Federal Trade Commission received over 1.1 million reports of identity theft.
Many identity theft cases involve scammers who contact individuals through online written communication or telephone calls, pretending to be from a legitimate or fictitious business. Their goal is to trick people into revealing personal information or bank account details, which can result in serious financial losses. In total, fraud-related losses, including identity theft, exceeded $12.5 billion in 2024.
With identity theft becoming more common, innocent people may also find themselves wrongly accused. Misinterpreted digital evidence or data linked to the wrong person can lead to false allegations and serious legal consequences.
How These Crimes Affect Identity Theft Victims
Identity theft can have a serious impact on victims. When someone obtains another’s driver’s license or steals personal information like a Social Security number, it can lead to major problems. Victims may find out their credit accounts or bank accounts have been used without permission, which can result in denied loan applications, frozen assets, or unexpected charges.
Identity theft victims often must contact credit bureaus, place a fraud alert, and report the crime to local law enforcement agencies. Until the issue is resolved, the damage from having your identity stolen can affect your credit report, finances, and peace of mind.
Louisiana Identity Theft Law
Louisiana’s identity theft law (La. RS § 14:67.16) makes it illegal to use, possess, or transfer someone else’s personal identifying information without their permission to commit fraud or gain something of value. According to this statute, “personal identifying information” includes the following:
- Social security number
- Driver’s license number
- Checking account number
- Savings account number
- Credit card number
- Debit card number
- Electronic identification number.
- Digital signatures
- Birth certificate
- Date of birth
- Mother’s maiden name
- Armed forces identification number
- Government-issued identification number
- Financial institution account number
- Telephone number, when inserted into any caller identification system
A person can be charged with the crime of identity theft even if they don’t successfully steal anything; just attempting to use the information to deceive someone is enough. The law also applies to individuals who use a fake or stolen identity to open accounts, make purchases, or evade legal consequences. It covers both living and deceased individuals, and businesses can also be considered victims.
Penalties vary based on the value of the fraud and the person’s criminal history, but any intentional misuse of someone else’s identity for dishonest purposes is considered identity theft in Louisiana.
How Does Criminal Identity Theft Occur in Louisiana?
Many identity thieves use someone else’s personal information to open credit accounts, apply for loans, or make purchases in someone else’s name. A common example is using someone’s debit card number to buy goods or services. Identity theft can also occur when someone is pulled over or arrested and gives law enforcement another person’s name or government-issued ID to avoid charges.
Other distinct acts of criminal identity theft include using a stolen or fake birth certificate to apply for government benefits or submitting false information to a bank or other business entity to receive financial benefits.
Identity Theft vs. Identity Fraud
Identity theft and identity fraud are closely related but not exactly the same. Identity theft refers to the act of stealing someone else’s personal information without permission. Identity fraud occurs after the theft, when the stolen information is actually used to commit a crime.
In short, identity theft is the act of obtaining the information, while identity fraud is the act of using that information to deceive or commit fraud.
Louisiana law only specifically uses the term’ identity theft,’ but in practice, it covers both obtaining and using someone’s identity for fraudulent purposes.
Punishments for Identity Theft in Louisiana
The penalties for identity theft in Louisiana depend on the value of the goods, services, or money involved, whether the victim is considered vulnerable, and whether the offender has prior convictions. Here’s a simple breakdown of the possible penalties:
- Less than $300: Up to 6 months in jail and/or $500 fine
- $300–$499: Up to 3 years in prison and/or $3,000 fine
- $500–$999: Up to 5 years in prison and/or $5,000 fine
- $1,000 or more: Up to 10 years in prison and/or $10,000 fine
No matter the value of the fraud, a third or subsequent conviction can result in up to 10 years in prison and a fine of up to $20,000. Additionally, when the victim is considered vulnerable (under 17, over 59, or has a mental, physical, or developmental disability), enhanced penalties can apply.
The court may also order the offender to make restitution to the victim, either through a lump sum payment or a periodic payment plan consistent with the person’s financial ability.
Is Identity Theft a Felony in Louisiana?
Yes, the crime of identity theft is a felony in Louisiana. Even if no money is actually stolen, a person can still face felony charges. The law focuses on the intent to defraud or deceive, not just the outcome, which means serious legal consequences can result from completed and attempted identity theft.
How Baton Rouge Identity Theft Attorneys Can Help You
Identity theft is charged as a federal crime when the alleged conduct involves interstate activity, government agencies, or the use of mail, phones, or the internet to commit fraud. Because identity theft cases are investigated by federal agencies and prosecuted in federal court, the stakes are much higher.
If you’re facing identity theft charges, working with a federal crime defense lawyer in Baton Rouge is essential. Our attorneys understand the severe consequences that come with a federal conviction, which is why we take immediate action to protect your rights and build a strong defense strategy tailored to your case.
We thoroughly examine the police report, evaluate the evidence collected by the agency preparing the case, and investigate the details of the alleged crime. We also look into whether law enforcement followed proper procedures and whether the prosecution’s case has any weaknesses.
A person convicted of federal identity theft can face life-changing penalties, but with an experienced defense team on your side, there may be ways to reduce or dismiss the charges. At The Law Offices of Ossie Brown, we are committed to standing up for you and fighting for the best possible outcome.
Defenses to Identity Theft in Louisiana
If you’ve been charged with identity theft in Louisiana, several legal defenses may apply depending on the facts of your case. Here are some common strategies your criminal defense attorney may use:
- Lack of Fraudulent Intent
The prosecution must prove you acted with fraudulent intent. If you had permission to use the personal information, or there’s no evidence of intent to defraud, the charge may not stand. - Mistaken Identity
You may have been falsely identified as the person who committed the alleged violation. This is common in cases involving online activity. - Lack of Use or Possession
Louisiana law requires proof that you used or possessed personal identifying information for the sole purpose of fraud. If you never used or attempted to use the information, the case may be weak. - No Personal Identifying Information Involved
If the prosecution cannot prove that the types of personal identifying information obtained meet the definition under Louisiana law, then it may not be admissible. - Duress or Coercion
If someone forced or threatened you into participating in the act, this could be a valid defense in court.
An experienced identity theft attorney will review all the facts, including the written report, police evidence, and any findings from fraud departments, to build a strong defense based on your specific situation.
Contact a Louisiana Identity Theft Attorney at The Law Offices of Ossie Brown Today
Being accused of identity theft in Baton Rouge is a serious matter, and having the right legal team on your side can make all the difference. The Law Offices of Ossie Brown has the experience and dedication to defend your rights and help you through this challenging time.
Call (225) 343-1111 or contact us online to schedule a free consultation with a Baton Rouge criminal defense attorney today.
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