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Identity theft and bad check charges often grow out of financial stress, family situations, or misunderstandings about money and accounts, but they’re prosecuted as crimes of dishonesty with lasting consequences. Indiana charges identity theft as identity deception, which covers using another person’s identifying information without permission, such as a name, Social Security number, date of birth, or account number, to obtain something of value, hide your identity, or harm someone. Check deception covers writing or delivering a check knowing it won’t be paid by the bank.
Identity deception is generally a Level 6 felony, carrying six months to two and a half years, and can be charged at a higher level in larger cases, such as those involving many people’s information or large losses. Indiana also charges synthetic identity deception, which involves creating a fake identity from real and made-up information. Check deception is generally a Class A misdemeanor for smaller amounts and can be charged as a felony when the amount is larger. Federal charges may also apply in some identity theft cases, including aggravated identity theft, which carries a mandatory two-year sentence added to the sentence for the underlying offense.
These cases frequently turn on intent and permission. In identity deception cases, the defense may focus on whether the person had permission to use the information, which often comes up with family members, former partners, or business associates, and whether the evidence actually ties the person to the accounts or transactions. In check deception cases, the defense may focus on whether the person knew the check wouldn’t be paid, as opposed to a bank error, an unexpected hold, or a timing problem, and Indiana law can provide a defense when the amount is paid within ten days after notice that the check bounced.
At RileyCate, we defend identity deception and check deception charges, as well as related forgery and fraud charges. Many of these cases can be resolved through restitution, diversion, or a reduced charge when handled early. For larger financial cases, our Fraud page explains how state and federal fraud charges work.
Identity and check cases often look straightforward on paper, but the details of permission, intent, and timing frequently tell a different story. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’ve been charged with identity deception or check deception, early action, including addressing restitution, can often improve the outcome. We offer a consultation to review the charges and explain your options. Reach out to RileyCate today to speak with a defense attorney.
