Offenses are typically categorized into two main classifications: felonies and misdemeanors. Each classification carries its own set of legal implications, ranging from the severity of punishment to procedural differences in the legal process.
In this blog, we’ll discuss some of the basic differentiations between felonies and misdemeanors before exploring the federal and state perspectives on the prosecution of identity theft actions.
Is Identity Theft a Felony in Maryland?
A felony is a serious criminal offense typically punishable by imprisonment for one year or more and can extend all the way to the death penalty, depending on the state. Examples of felonies include murder, rape, burglary, and drug trafficking. Felonies are often distinguished by their grave nature and the potential for significant harm to individuals or society.
On the other hand, a misdemeanor is a less serious criminal offense, usually punishable by imprisonment for less than one year, fines, or both. Common misdemeanors include petty theft, disorderly conduct, and simple assault. While still legally punishable, misdemeanors are generally considered less severe than felonies.
Federal Prosecution of Identity Theft
In the United States, identity theft actions are frequently prosecuted under federal law, particularly under the Identity Theft and Assumption Deterrence Act of 1998. This federal legislation addresses various aspects of identity theft and aims to combat fraudulent activities involving personal identifying information.
Identity Theft under Maryland Law
In Maryland, identity theft is covered by § 8-301 of the Criminal Law, which outlines prohibitions and penalties related to obtaining, disclosing, and assuming another individual’s identity with fraudulent intent.
Whether identity theft constitutes a felony in Maryland hinges on the specific circumstances of each case. Generally, if the value of the benefit, credit, good, service, health information, or other object of value obtained through identity theft exceeds $1,500, the offense is considered a felony.
Penalties for Identity Theft in Maryland
The penalties for identity theft in Maryland vary depending on the value of the benefit obtained unlawfully. Individuals convicted of felony identity theft may face imprisonment ranging from 5 to 20 years and fines up to $25,000, while misdemeanor identity theft carries lesser penalties, including imprisonment for up to 1 year and fines not exceeding $500.
The legal distinctions between felonies and misdemeanors play a crucial role in prosecuting and sentencing criminal offenses. While federal law provides a framework for addressing identity theft actions, states like Maryland adopt their own statutes to combat this pervasive crime, with penalties varying based on the value of the unlawfully obtained benefits.
Understanding these distinctions is essential for navigating the complexities of the legal system, which is why working with an identity theft lawyer is necessary. If your rights have been violated and you’re the victim of identity theft, please contact our dedicated team to learn how help is available.