An identity theft conviction in Michigan is a felony, and it is the kind of conviction that follows you into every job application and every credit decision for the rest of your life. It can be fought. Call me — Shawn Haff — at 616-438-6719, and we will talk about what the prosecutor actually has, before you say anything to anyone else.
Identity theft in Michigan is a common crime. The main reason is the advance of technology and media. Identity theft in Michigan is a crime that involves the possession and knowingly using another person’s identification to engage in a crime. This definition applies even if the identity belongs to a person who is dead. Examples of the type of illegal information that someone can possess is passwords, phone numbers, state identification and bank account information.
Penalties For Identity Theft In Michigan
A conviction for identity theft in Michigan can send you to prison. According to the Michigan Penal Code’s Identity Theft Protection Act (445.65), anyone who obtains credit, goods, services, money, property, records, employment, information, or commits any other unlawful act with the intent to defraud or violate the law is subject to severe criminal punishment. If you even access the email or other means of communication of another person with intent to commit identity theft or crime, you will face potential jail time and fines.
The penalties are set by MCL 445.69, not by the prohibition itself. A first violation is a felony punishable by up to 5 years in prison, a fine of up to $25,000, or both. A second violation carries up to 10 years and a $50,000 fine. A third or subsequent violation carries up to 15 years and a $75,000 fine. Under MCL 445.69(4), the court may also order that the sentence run consecutively to any other sentence for an offense committed using the same information.
Call Shawn now at 616-438-6719 now to protect your reputation and avoid these serious punishments. Shawn is an experienced Grand Rapids, Michigan criminal defense attorney. These life-changing punishments can be avoided if you have an exceptional lawyer like Shawn James Haff on your side.
What should I do if I am charged with Identity Theft?
You need to protect your freedom and your record. The best way to do this is by retaining a lawyer as soon as you learn that you are being charged. Having a lawyer with the experience necessary and the knowledge necessary will be very crucial in the defense of your case. These cases often call for massive amounts of research and a collection of a lot of evidence.
What are the possible defenses for Identity Theft?
With identity theft being such a major problem in Michigan, local prosecutors are taking these charges very seriously and trying to throw the book at those charged with identity theft. As a criminal defense attorney in Grand Rapids, Michigan, Shawn knows that people are falsely accused of identity theft. Here are a couple of defenses to this serious criminal charge:
Intent: The most important element that the prosecution must prove is your intent. The intent to obtain identifying or financial information to engage in a crime. For instance, many people use the same computer to purchase items online. If you are not careful, you can accidentally purchase something for yourself with a credit card saved on the computer that is not yours. This would be a clear cut case where there is a clear lack of intent for you to have stolen their information and to illegally use the card.
Unlawful Search and Seizure: All evidence used against you in court must be seized lawfully. If the people have evidence that can be used against you without a proper warrant or consent then it can be dismissed in the court of law since the evidence will come into question and can no longer be trusted.
Why Criminal Defense Attorney Shawn Haff?
Identity Theft in Michigan can be a highly technical and complex area of law. These charges require you have an attorney like Shawn Haff on your side. Shawn Haff wants to help you out and represent you in court. Let me guide you through this. Do not wait! Call Shawn now at 616-438-6719. You will be glad that you did!
The Statute Has Four Defenses Built Into It
This is the part of Michigan's identity theft law that almost nobody talks about, and it is written directly into MCL 445.65(2). A person charged under the statute may raise any of the following as an affirmative defense, carrying the burden by a preponderance of the evidence:
- A bona fide gift given for, or for the benefit, control, use, or consumption of, the person whose information was used.
- Lawful pursuit or enforcement of legal rights — including an investigation of a crime, or an audit, collection, investigation, or transfer of a debt, a support obligation, a tax liability, a claim, or an account.
- Action authorized or required by state or federal law, rule, regulation, or court order.
- Consent of the person whose information was used — unless that person knew the information would be used to commit an unlawful act.
In practice the fourth one does the most work. An enormous share of identity theft charges in West Michigan come out of families, households, and relationships: a partner who used a shared card, an adult child on a parent's account, a roommate with the Wi-Fi password and the Amazon login. Permission is given casually and denied later — very often after the relationship ends. Recovering the text messages, the payment history, and the pattern of prior authorized use is how those cases get won.
What "Personal Identifying Information" Covers
Broadly: names, addresses, dates of birth, Social Security numbers, driver's license and state ID numbers, account numbers, passwords and PINs, and telephone and medical record information. The statute reaches attempts as well as completed acts, and it applies whether or not the person whose information was used is still living.
Charges That Usually Come With It
- Financial transaction device offenses — stealing, possessing, forging, or using a credit or debit card without the holder's consent.
- Uttering and publishing under MCL 750.249, where a forged document or signature was presented as genuine.
- Larceny by false pretenses, where money or property was obtained by a false representation.
- Receiving and concealing stolen property, where goods bought with the information were recovered.
- Computer crimes under MCL 752.795, where an account or system was accessed without authorization.
Because MCL 445.69(4) permits consecutive sentencing across these, the structure of the charging document deserves as much attention as the top count.
How I Approach the Evidence
These are document and data cases. The proofs are IP logs, device records, delivery addresses, card-present versus card-not-present transaction data, store video, and account access records. Three things come up again and again:
- An IP address is not a person. Shared households, shared networks, and shared devices mean the account activity establishes a location far more reliably than it establishes an identity.
- The real victim of the fraud is sometimes the defendant. People whose own information was compromised get charged when a transaction traces back to their device or address.
- Intent to defraud is a separate element. Using someone's information carelessly, or under a genuine belief that you were permitted to, is not the same as using it to defraud.
Unlawful searches matter here too: phones, laptops, and cloud accounts are seized routinely in these investigations, and a search warrant that lacks particularity or probable cause can take the entire case out with it.
Related reading: theft and property crimes defense, credit and debit card crimes, white collar crimes, and internet crimes.
Frequently Asked Questions
What is the penalty for identity theft in Michigan?
Under MCL 445.69, a first violation is a felony punishable by up to 5 years in prison and a fine of up to $25,000. A second violation carries up to 10 years and $50,000. A third or subsequent violation carries up to 15 years and $75,000. The court may also order the sentence to run consecutively to any sentence for another offense committed using the same information.
What counts as identity theft under Michigan law?
MCL 445.65 prohibits using or attempting to use another person's personal identifying information, with intent to defraud or violate the law, to obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records, or employment — or to commit any other unlawful act. It also covers doing those things by concealing, withholding, or misrepresenting your identity. The statute applies whether the victim is living or deceased.
Are there defenses written into the identity theft statute itself?
Yes, and most people do not know it. MCL 445.65(2) provides four affirmative defenses: that you gave a bona fide gift for the benefit of the person whose information was used; that you were acting in lawful pursuit or enforcement of legal rights, such as a debt collection, audit, or investigation; that the action was authorized or required by law or court order; or that you acted with that person's consent. You carry the burden on these by a preponderance of the evidence.
What if I used a family member's card with their permission?
Consent is an express statutory defense under MCL 445.65(2)(d) — unless the person giving consent knew the information would be used to commit an unlawful act. A great many of these charges arise inside families and relationships, where permission was given informally and later denied, often after a break-up. Text messages and payment history matter enormously in those cases.
Can identity theft be charged along with other crimes?
Yes. MCL 445.69(3) expressly preserves the ability to charge other offenses committed using the information — commonly credit card fraud under the financial transaction device statutes, uttering and publishing, or larceny by false pretenses. Because the sentences can be ordered to run consecutively, how the charges are structured matters as much as the top count.
Talk to Me Before You Talk to the Police
I am Shawn Haff, and I defend theft and property crime cases across Kent, Ottawa, Allegan, Barry, Ionia, Muskegon, Newaygo, and Van Buren counties. The call is free, I answer my own phone, and in a property case the earlier I am involved the more room there is to work. Call 616-438-6719 or send me a message.