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What elements must have proof in an identity theft case?

On Behalf of | Oct 27, 2021 | Fraud

Accusations of any type of crime can wreak havoc on your life. Even if something seems highly unlikely or you do not believe there is any real evidence against you, it is important to take any criminal charge seriously. Because there is no such thing as an open-and-shut case, even if you believe yourself to be innocent, you may still have to work to maintain that innocence in court.

If authorities have accused you of identity theft, you may have no idea how you even became a suspect. Nonetheless, if authorities believe that they have evidence that points to you as a prime suspect, you could face criminal accusations that could have lasting effects on your life.

Elements of identity theft

Though you may want to put your best foot forward and create a meaningful defense against such allegations, you may also want to keep in mind that the prosecution has the obligation of proving beyond a reasonable doubt that you committed this crime. If the prosecution cannot prove the elements of the crime and provide compelling evidence that you committed the crime, they likely do not have a strong case.

When it comes to proving the elements of identity theft, the prosecution would need to show that the following aspects of this crime took place:

  • Knowingly transferred or used another person’s identity
  • Did not have lawful authority to use the other person’s identity
  • Intended to commit, aid or abet unlawful activity through the use of another person’s identity

Unfortunately, the prosecution in any case can take details and attempt to spin them in a way that makes their suspect appear guilty. As a result, creating and presenting a criminal defense to combat the provided evidence is often a prudent course of action for Minnesota residents accused of any crime.

Defending against identity theft charges

Understandably, you may feel overwhelmed by the idea that authorities suspect you of identity theft. You may also not know how to approach this type of criminal case. However, if you could show that you did not meet the elements of the crime, such as not having any intent to use someone’s personal information for criminal activity or having permission to use the information, your case may move in a more favorable direction.

To better understand your legal rights and defense options in such a scenario, you may want to gain information from local legal resources.