Identity theft cases are prosecuted aggressively in Indianapolis. These charges can come from a single disputed transaction, a phone found with someone else’s information, or an online account that authorities tie to you. Even before a trial, an accusation can damage your job, housing, and reputation.
At Eskew Law, we defend people facing identity theft and related fraud charges across Marion County and throughout Indiana. Our goal is simple. We protect your rights, challenge weak evidence, and fight for the best possible outcome, whether that is dismissal, reduction, or trial.
If you are under investigation or already charged, talk with a theft defense attorney in Indianapolis immediately. Early defense changes what is possible.
How Indiana Defines Identity Theft
Indiana uses the term identity deception for what most people call identity theft. The core statute is Indiana Code 35-43-5-3.5.
Under this law, a person commits identity deception when they knowingly or intentionally obtain, possess, transfer, or use another person’s identifying information without consent, and do so with the intent to harm or defraud, assume that person’s identity, or profess to be that person.
Identifying information can include:
- Name, date of birth, or Social Security number
- Driver’s license or state ID numbers
- Bank account or credit card numbers
- Login credentials, passwords, or PINs
- Any data that can be used to identify or access a person’s finances or legal status
This statute is broad on purpose. Prosecutors use it in many different scenarios.
Common Identity Theft Allegations We See In Indianapolis
Identity theft cases are not one thing. They show up in patterns. The most common include:
Financial Account Misuse
Allegations that someone used another person’s card or account to buy goods, withdraw cash, or open credit lines. These cases often involve store cameras, bank records, and device location data.
Online Account Takeovers
Claims that a person accessed email, social media, payment apps, or retail accounts using someone else’s login. Evidence often comes from IP logs, device IDs, or subpoenaed platform records.
Employment Or I-9 Fraud
Using another person’s identifying information to obtain work or complete hiring paperwork. These cases can overlap with federal document fraud investigations, so defense must be handled carefully.
Possession Of Another Person’s Information
Sometimes the charge is based on possession alone, such as a list of Social Security numbers or multiple IDs. Prosecutors argue possession shows intent. We push back hard on that assumption.
Family Or Relationship Disputes
Some of the most emotionally charged cases come from shared finances, breakups, or family conflict. A common defense issue is whether there was consent or shared authority.
Levels Of Identity Theft Charges And Penalties
Identity deception is usually a Level 6 felony in Indiana. A Level 6 felony carries a sentencing range of six months to two and one-half years, with an advisory sentence of one year, plus possible fines up to ten thousand dollars.
The charge increases to a Level 5 felony in specific situations, including:
- The identifying information of more than 100 people is involved
- The total harm or fraud value is at least $50,000
- The victim is a child under 18, and the accused is the parent, guardian, or similar caretaker
A Level 5 felony carries a sentencing range of one to six years, with an advisory sentence of three years, and possible fines up to ten thousand dollars.
Identity theft allegations often come with additional charges, such as:
- Theft or conversion
- Forgery or check fraud
- Fraud on a financial institution
- Computer tampering or hacking
- Conspiracy or aiding and abetting
Stacked charges raise exposure quickly. That is why you need an Indianapolis defense attorney who can see the full case, not just the headline charge.
What Prosecutors Must Prove
In a criminal case, the state must prove every element beyond a reasonable doubt. For identity deception, prosecutors must show:
- You obtained, possessed, transferred, or used identifying information of another person
- You did so without that person’s consent
- You acted knowingly or intentionally
- You had intent to harm or defraud, assume identity, or profess to be that person
Intent is usually the main fight. The state rarely has a direct confession. They build intent from circumstances. We challenge those inferences.
Also note. The law states it is not a defense that no one was harmed or defrauded. Prosecutors can charge based on intent even if the damage did not occur. That makes early defense even more important.
How Identity Theft Investigations Start In Indianapolis
Many clients are shocked by how identity theft cases begin.
Traffic Stops And Routine Encounters
A stop for speeding or a broken tail light can lead to a search, discovery of cards, IDs, or phones, and then a fraud investigation.
Retail Or Bank Reports
Stores and banks run internal fraud detection. When they flag a pattern, they report it to local police, who then escalate to detectives.
Digital Investigations
Police may trace an IP address, device login, or payment trail. That evidence can be mistaken or incomplete. We often find gaps in these digital chains.
Family Or Employer Complaints
Some cases are driven by personal conflict. A relative, former partner, or coworker reports alleged misuse. These cases require careful evidence review, not assumptions.
Once a report is filed, detectives may seek search warrants for phones, computers, and cloud accounts. Search and seizure issues become a major defense area.
Defenses To Identity Theft Charges
There are real defenses to identity theft. The right defense depends on your facts, your history, and the quality of the state’s evidence. Here are the strategies we use most often.
Lack Of Intent
Possessing or using information is not enough. The state must prove intent to harm or defraud. We show alternative explanations, mistakes, or lawful purposes. Examples include:
- You believed you had permission
- You were authorized on a shared account
- The transaction was a misunderstanding
- You were not the person who used the information
Consent Or Shared Authority
Consent is a key issue in family and relationship cases. If the alleged victim agreed to the use, the crime is not proven. We gather texts, emails, account history, and witness testimony to show actual authority.
Misidentification Or Weak Digital Proof
Police often assume the account owner is the person who acted. That is not always true. Devices get shared. Passwords get reused. Accounts get hacked. We challenge:
- IP address assumptions
- Device location accuracy
- Log in records that do not identify a user
- Gaps in chain of custody for digital evidence
Illegal Search Or Seizure
If police searched your vehicle, home, or phone without a valid warrant or lawful exception, evidence can be suppressed. When critical evidence is excluded, cases can fall apart.
Third Party Responsibility
Identity theft rings are real. Sometimes another person used your device, your Wi Fi, or your accounts. Sometimes your information was used to commit the offense. We investigate background signals that point to a different culprit.
No Proof The Information Belonged To A Real Person
The statute requires identifying information of another person. If the state cannot prove the data relates to an actual person, the case is weaker. We push the state to verify victims and tie the information to real identities.
Federal Exposure In Some Identity Theft Cases
Most identity theft cases in Indianapolis are state prosecutions. Some become federal cases when they involve:
- Large scale fraud
- Interstate activity
- Financial institutions
- Wire fraud or online network evidence
Federal cases may include aggravated identity theft charges that carry mandatory time. If federal agents contact you, do not speak with them before talking to a criminal defense lawyer in Indianapolis, IN.
We assess federal risk early so defense is not blindsided later.
What A Conviction Can Cost You Beyond Jail
Sentencing is only part of the damage. A conviction can affect:
- Employment and professional licensing
- Housing applications
- Student aid and school discipline
- Firearms rights
- Immigration status for non-citizens
- Future sentencing if you face another charge
Indiana also allows restitution orders to cover claimed financial losses. Restitution numbers can be inflated or unsupported. We review the restitution line by line.
What To Do If Police Contact You About Identity Theft
How you respond in the first hours matters.
- Do not answer questions without counsel. Be polite and say you want a lawyer.
- Do not consent to a device search. Phones contain years of data, and police will use what they find.
- Do not try to explain everything through texts or calls. Those statements can be used against you.
- Save evidence that supports consent or lawful use, such as messages, receipts, or account permissions.
- Call us. The earlier we step in, the more options you keep.
We can contact detectives on your behalf, manage interviews, and limit unnecessary charges.
How We Build Your Defense Case
When you hire us, we focus on concrete steps, not promises.
Evidence Review And Timeline Building
We reconstruct what happened from:
- Police reports
- Transaction history and merchant records
- Video footage when available
- Phone and computer extraction reports
- Witness statements
We then compare the state’s timeline to the real timeline. Contradictions matter.
Motion Practice
We file targeted motions to suppress evidence, limit improper testimony, and require the state to disclose full discovery. Many identity theft cases depend on evidence that should not be in court.
Negotiation With Leverage
We negotiate from strength after we test the state’s evidence. Depending on the facts, leverage may support:
- Dismissal for lack of proof
- Reduction to a misdemeanor
- Diversion or pretrial programs
- A plea that avoids minimum penalties or enhances expungement options
Trial Preparation
If trial is the best path, we prepare early. That includes expert review of digital evidence and clear story-building for the jury.
Local Context Matters In Indianapolis Courts
Identity theft cases are typically filed in Marion County Superior Court. Prosecutors here see a high volume of fraud and theft charges. Some take a hard line on plea terms. Others will negotiate if the evidence is thin or restitution is manageable.
We know the court culture, the procedures, and how judges weigh mitigation. That local experience helps you avoid generic defense mistakes. If you need an Indianapolis defense attorney for identity theft, you want someone who regularly practices in these courts.
Talk With Eskew Law Now
Identity theft charges can feel overwhelming. We get that. But you are not powerless. These cases often have weaknesses, especially around intent, consent, and digital proof. The sooner we are involved, the sooner we can protect your rights and shape the outcome.
Call Eskew Law to speak with an identity theft defense attorney in Indianapolis. We will review your situation, explain your options, and start the defense work immediately. If you are looking for a steady, prepared criminal defense lawyer in Indianapolis, IN, our team is ready to help.
