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Identity Theft Forgery

White-Collar Criminal Defense

Identity Theft & Forgery Defense Attorney

Identity theft and forgery charges carry felony penalties at both the state and federal level — and prosecutors treat these cases as high-priority. Many people charged with identity theft are accused of using someone else's information without realizing the legal consequences, or are wrongly connected to fraudulent activity through shared accounts or stolen data.

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Identity Theft in Missouri

Missouri's identity theft statute (RSMo §570.223) makes it a crime to knowingly use another person's identifying information — name, Social Security number, date of birth, driver's license number, bank account number, credit card number, or any other personal identifier — without that person's consent, with the intent to obtain something of value or to cause harm.

The statute is broad. It covers everything from using someone else's credit card to open accounts in another person's name to providing false identifying information during a traffic stop. And it doesn't require that the identity theft was successful — the attempt alone is enough for prosecution.

Forgery in Missouri

Forgery (RSMo §570.090) is the offense of making, completing, altering, or authenticating a writing or document so that it purports to be the act of another person who did not authorize it — with the intent to defraud. Missouri law also criminalizes possessing forged instruments (§570.100) and using a forged instrument (§570.103).

Forgery covers a wide range of documents: checks, contracts, deeds, prescriptions, academic transcripts, identification cards, court orders, and any other document that can be used to establish rights, obligations, or identity.

Penalties

Missouri Identity Theft Penalties

  • Identity theft — Class D Felony: 1 to 7 years in prison. Applies when the defendant uses another person's identifying information to obtain something of value.
  • Identity theft of a person 60+ or disabled — Class C Felony: 3 to 10 years. Enhanced penalties when the victim is elderly or disabled.
  • Identity theft involving multiple victims or exceeding $25,000 — Class B Felony: 5 to 15 years. Enhanced for large-scale schemes or high-value losses.

Missouri Forgery Penalties

  • Forgery — Class D Felony: 1 to 7 years in prison. Making, altering, or completing a forged writing with intent to defraud.
  • Possession of a forged instrument — Class A Misdemeanor: Up to 1 year in jail. Knowingly possessing a forged document with intent to use it.

Federal Identity Theft Charges

Federal prosecutors can charge identity theft under 18 U.S.C. §1028 (fraud related to identification documents) and 18 U.S.C. §1028A (aggravated identity theft). The federal aggravated identity theft statute is particularly severe:

Federal Penalties

  • Identity fraud (18 U.S.C. §1028) — Up to 15 years: Producing, transferring, or possessing false identification documents or stolen personal information.
  • Aggravated identity theft (18 U.S.C. §1028A) — Mandatory 2 years consecutive: Using stolen identity information during the commission of another federal felony. This sentence must be served after the sentence for the underlying felony — it cannot run concurrently and cannot be reduced.
  • Wire fraud overlay: When identity theft involves electronic communications, wire fraud charges (up to 20 years per count) are frequently added on top.

The federal aggravated identity theft statute is one of the harshest penalty enhancers in federal law. The mandatory 2-year consecutive sentence cannot be negotiated away — if you're convicted, it's automatic. This makes it a powerful tool for federal prosecutors and a critical issue in plea negotiations.

Common Scenarios That Lead to Identity Theft or Forgery Charges

How These Cases Typically Start

  • Using someone else's credit card or bank account: Unauthorized use of a family member's, friend's, or stranger's financial accounts — including situations where you believed you had permission.
  • Opening accounts in another person's name: Using stolen or borrowed personal information to open credit cards, bank accounts, loans, or utilities.
  • Providing false identification to police: Giving a fake name or someone else's identifying information during a traffic stop or arrest. This is identity theft under Missouri law — not just a misdemeanor.
  • Check forgery and check washing: Altering, forging, or cashing checks without authorization. This includes both paper checks and electronic check manipulation.
  • Fake IDs and forged documents: Creating or using fake driver's licenses, Social Security cards, immigration documents, or professional credentials.
  • Online account takeovers: Accessing someone else's email, social media, financial accounts, or online shopping accounts without permission and using them for financial gain.
  • Data breach exploitation: Using personal information obtained from a data breach, stolen mail, or dumpster diving to commit financial fraud.
  • Being connected to someone else's scheme: Your account was used by someone else as a receiving account for fraudulent transfers, or your personal information was found in connection with a fraud ring — and prosecutors believe you were involved.

Collateral Consequences

Identity theft and forgery convictions are treated as crimes of dishonesty — the same category that makes theft convictions so damaging on background checks. Employers in finance, banking, insurance, healthcare, government, and any position involving access to personal data or financial systems will not hire someone with an identity theft conviction. Professional licensing boards treat it as disqualifying. And because identity theft often involves federal charges, the collateral consequences of a federal felony conviction — including the loss of voting rights and firearm rights — compound the damage.

Defense Strategies for Identity Theft & Forgery

Identity theft and forgery cases often turn on intent, authorization, and whether prosecutors can actually connect you to the fraudulent activity. Here are the strategies we use:

You Had Authorization or Consent

If you had permission to use the other person's information — or reasonably believed you did — the "without consent" element is not met. This is common in cases between family members, romantic partners, business partners, and roommates who share accounts, cards, or login credentials. We establish the history of shared access and challenge the claim that your use was unauthorized.

Lack of Intent to Defraud

Both identity theft and forgery require proof of intent — you must have acted with the purpose of obtaining something of value or causing harm through deception. If you used someone else's information by mistake, didn't understand the legal implications, or had no intent to defraud, the intent element is not met. We challenge the prosecution's theory of what you intended.

Mistaken Identity — You Were the Victim, Not the Perpetrator

In an era of data breaches, stolen credentials, and spoofed accounts, the wrong person gets accused more often than most people realize. Your name, account number, or IP address may have been connected to fraudulent activity — but that doesn't mean you committed it. We investigate whether your identity was itself stolen or misused by the actual perpetrator.

Challenging the Digital Evidence

Identity theft cases rely heavily on digital evidence — IP addresses, login records, device identifiers, email headers, and transaction logs. This evidence can be spoofed, shared across devices, or misattributed. An IP address doesn't identify a person — it identifies a network. A login doesn't prove who was at the keyboard. We challenge the reliability and attribution of every piece of digital evidence.

Challenging the Forgery Identification

In forgery cases, the State must prove you created, altered, or used the forged document. Handwriting analysis is subjective and contested in the scientific community. Digital document manipulation can be difficult to attribute to a specific person. We challenge the forensic evidence linking you to the forged document and question whether the State can actually prove you're the one who created or altered it.

Suppression of Evidence

If law enforcement obtained evidence through an unlawful search of your home, vehicle, phone, or computer — or without a proper warrant for electronic records — the evidence may be suppressible. In identity theft cases, where the prosecution's case often depends on digital evidence seized from devices, a successful suppression motion can eliminate the core of the government's case.

Identity Theft & Forgery Cases in Kansas City

Identity theft is one of the fastest-growing categories of criminal charges in the Kansas City metro. Jackson County prosecutors file identity theft cases regularly — from individuals accused of using a family member's credit card to sophisticated schemes involving stolen personal data and fraudulent accounts. Forgery cases — particularly check forgery and document fraud — remain a high-volume charge across all four Missouri counties in the metro.

Larger-scale identity theft cases are frequently referred to federal prosecutors in the Western District of Missouri, particularly when the scheme involves interstate activity, multiple victims, or connections to broader fraud rings. The FBI's Kansas City Field Office and the U.S. Postal Inspection Service both investigate identity theft aggressively, and federal aggravated identity theft charges add a mandatory 2-year consecutive sentence that cannot be reduced.

The Hartley Law Firm handles identity theft and forgery cases at both the state and federal level across the Kansas City metro. Whether you're facing a single state-level charge or a multi-count federal indictment, we build a defense strategy tailored to the specific evidence and the specific court.

Frequently Asked Questions About Identity Theft & Forgery

What's the difference between identity theft and forgery?
Identity theft involves using another person's personal identifying information — name, SSN, credit card number — without consent and with intent to obtain something of value. Forgery involves creating, altering, or using a fraudulent document — a check, contract, ID, or prescription — with intent to defraud. The two are often charged together when a forged document contains stolen personal information.
Can I be charged with identity theft for using a family member's credit card?
Yes — if you used it without their consent. Missouri's identity theft statute doesn't include an exception for family members. However, if you had permission to use the card, or if the card was on a shared account, the "without consent" element is not met. These cases often come down to the nature of the relationship and whether permission was given — explicitly or implicitly.
Is giving a fake name to police identity theft?
If you provide another real person's identifying information to law enforcement — not just a made-up name, but an actual person's name, date of birth, or SSN — you can be charged with identity theft in Missouri. This often catches people by surprise. Providing false information to police is one of the most common paths to identity theft charges in the KC metro.
What is federal aggravated identity theft?
Aggravated identity theft (18 U.S.C. §1028A) adds a mandatory 2-year prison sentence — served consecutively after the sentence for the underlying felony — when stolen identity information is used during the commission of a federal crime. This enhancement is automatic upon conviction, cannot run concurrently, and cannot be reduced by the judge. It's one of the harshest mandatory penalties in federal law.
What if my own identity was stolen and used in the fraud?
This happens more often than most people realize. If your name, account, IP address, or personal information was used by someone else to commit fraud — and prosecutors believe you were involved when you weren't — you need a defense attorney who can trace the actual perpetrator and establish that you were the victim, not the criminal. We investigate the digital trail and identify who actually committed the fraud.
Can identity theft charges go federal?
Yes. Federal charges are common when the scheme involves interstate activity, multiple victims, use of the mail or internet, or connections to a broader fraud ring. Federal identity theft charges carry up to 15 years, and aggravated identity theft adds a mandatory consecutive 2-year sentence. The FBI, U.S. Postal Inspection Service, and Secret Service all investigate identity theft at the federal level.
Can an identity theft or forgery conviction be expunged?
Some state-level identity theft and forgery convictions may be eligible for expungement under Missouri law. You're generally limited to expunging two felonies and three misdemeanors, with waiting periods that vary by offense. Federal convictions follow a different process and are generally more difficult to expunge. We can review your record and advise on eligibility.
How quickly should I hire an attorney?
Immediately — especially if you learn you're under investigation before charges are filed. Identity theft investigations involve subpoenas for financial records, digital forensics, and witness interviews that your attorney needs to monitor and respond to from the earliest stage. Early intervention can sometimes prevent charges from being filed or influence whether the case stays at the state level versus being referred federally. Call The Hartley Law Firm at 816-451-0909.

Facing Identity Theft or Forgery Charges?

These charges carry felony consequences and can permanently damage your career and reputation. Call The Hartley Law Firm today for a free consultation.

Book Your Free Consultation Or call now — 816-451-0909