Three Critical Elements of an Identity Theft Charge

 Posted on May 27, 2025 in White Collar Crimes

 White collar crimes are not as sensationalized as violent offenses, but make no mistake – you can still face serious penalties if you are convicted of one. Identity theft is a felony offense punishable by years in prison, so it is important that you seek out a Tennessee criminal defense lawyer who can represent you in court and protect your rights.

At Jeffrey Coller, Knoxville Criminal Defense Attorney, we understand what is at risk for you in an identity theft charge. If you have been arrested on suspicion of stealing somebody else’s personal information, we will work to build a case in your defense. Remember that the prosecution must prove your guilt beyond a reasonable doubt for a conviction. We will question the prosecution’s argument and hone in on any weaknesses.

Securing Somebody Else’s Identifying Information

In order to secure a conviction for an identity theft charge, the prosecutor must prove that you "knowingly obtained, possessed, bought, or used" somebody else’s personal identifying information. The most important word here is "knowingly." You may have been found with somebody else’s identifying information, but that does not necessarily mean that you knew you had it.

For instance, if somebody left his or her wallet and ID in your car, you might not have even been aware that it was with you. Alternatively, you may have been the victim of a false accusation, and the identifying information was never in your possession to begin with. If the prosecution cannot prove that you knowingly came into possession of the alleged victim’s information, the case against you could be weakened.

Intention to Defraud

If you were caught with somebody else’s identifying information, the burden is on the prosecution to prove that you set out to commit a crime. Specifically, the prosecution must demonstrate that you used somebody else’s information to get goods, services, or medical information under false pretenses.

Merely possessing somebody else’s identifying information means nothing if there was no criminal intent. You may have had every intention of returning it to the owner. At Jeffrey Coller, Knoxville Criminal Defense Attorney, we will hear your side of the story to help get an accurate account of events.

Using Identifying Information Without Consent or Authority

Finally, the prosecution must show that you used the identifying information without consent or the legal authority to possess it. If you can prove that you had the alleged victim’s permission to use his or her information, you might have a strong case. For instance, if you had power of attorney over somebody else’s finances, you could have had legitimate authority to manage his or her bank accounts. At Jeffrey Coller, Knoxville Criminal Defense Attorney, we can help you compile documentation to counter false claims.

Contact a Knox County, TN Identity Theft Defense Attorney

At Jeffrey Coller, Knoxville Criminal Defense Attorney, we can meet with you privately to discuss the specifics of your identity theft charge. Our Blount County, TN white collar crime defense lawyer has the skills and resources to help you navigate your case. Call our offices at 865-281-1000 to schedule a free consultation today.