R.C. 2913.49 makes it identity fraud to use, obtain, or possess another person’s personal identifying information with intent to commit fraud, or to hold yourself out as that person. It is graded by value — a fifth-degree felony at the low end, climbing as the amount rises — with enhanced treatment when the victim is elderly, disabled, or an active-duty service member.
These cases frequently involve digital evidence, account records, and disputed authorization. Whether you actually used the information with fraudulent intent — versus had permission or were caught up in someone else’s scheme — is the key issue.
How Ohio Classifies & Punishes Identity Fraud
| Circumstance | Classification | Exposure |
|---|---|---|
| Value less than $1,000 | Felony 5 | 6–12 months prison |
| $1,000 to less than $7,500 | Felony 5/4 | 6–18 months prison |
| $7,500 to less than $150,000 | Felony 3 | 9–36 months prison |
| $150,000+ or elderly/disabled victim | Felony 2 | 2–8 years prison |
How We Defend Identity Fraud Charges
An arrest is an accusation, not a verdict. Our defense of a identity fraud charge begins with the questions the State would rather not answer:
- Whether you had authorization to use the information or account.
- Whether the State can actually prove the required mental state (knowingly, purposely, recklessly) beyond a reasonable doubt.
- Whether the identification of you as the person responsible is reliable.
- Whether digital evidence actually ties the conduct to you.
- Whether the claimed value (which sets the degree) is accurate.
We bring that same disciplined approach — testing every procedure, every protocol, and every piece of the State’s evidence — to identity fraud cases across our nine-county Southern Ohio footprint. Where the evidence supports it, we negotiate for reduction or dismissal; where it does not, we are prepared to try the case.
Identity Fraud — Common Questions
What does identity fraud require the State to prove?
That you used, obtained, or possessed another person's identifying information with intent to defraud or to hold yourself out as them. Authorization, lack of fraudulent intent, and weak digital attribution are all defenses.
Is identity fraud always a felony?
Yes, but the degree depends on value, from a fifth-degree felony up to a second-degree felony for large amounts or vulnerable victims (elderly, disabled, active-duty military).
Can shared-account disputes lead to identity fraud charges?
They can, but permission and authorized use undercut the fraud element. We dig into the account history and the relationship between the parties to show authorization or absence of intent.
Talk to a Theft & Property Crimes Defense Attorney Today
If you or someone you love is facing a identity fraud charge in Lawrence, Scioto, Jackson, Gallia, Athens, Adams, Meigs, Pike, or Ross County, call (740) 532-8744 for a free, confidential consultation. We have offices in Ironton and Chesapeake and respond the same business day in most cases.