Identity Theft

Mr. O’Rourke is an experienced criminal defense and Identity Theft crime lawyer who will defend you against felony Identity Theft charges in the Portland,
Gresham, Beaverton, Hillsboro, Oregon City metroplex area and throughout the state of Oregon.

In Multnomah County, Identity Theft crimes are prosecuted in Portland and misdemeanor theft crimes are prosecuted in Gresham and Portland. In Washington
County Oregon , identity theft crimes cases are heard in Hillsboro, Oregon In Clackamas County, Identity Theft crimes cases are heard in Oregon City.

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Identity Theft

If you obtain, possess, transfer, create, utter or convert to your own use the personal identification of another person with the intent to
deceive or defraud someone, like a store clerk or a bank teller, an ATM machine, an internet account, or a pharmacist you can be charged with Identity
Theft in Oregon.

You can be charged separately for each separate act of Identity Theft. For example if you possess the personal identification of five different persons,
you can be charged with five separate Identity Theft crimes.

The definition of personal identification includes written documents or electronic data that has information pertaining to: a person’s name address and
phone number; a person’s driving privileges; a person’s Social Security number; a person’s checking or savings account number; a person’s photograph, a
person’s date of birth; or a person’s PIN number.

In order to convict you of Identity Theft, the State of Oregon must prove that (1) on or about a certain date, (2) in a certain county in Oregon, (3) you
(4) obtained, possessed, transferred, created, uttered or converted to your own use, (5) the personal identification of another person, (6) with the intent
to defraud or deceive.

The Story of Joe
shows how some of the rules are applied.

Joe is addicted to prescription pain medication. Joe liked to get high and play computer games. He became addicted to prescription medications. Joe could
not get any doctors to write more prescriptions for him to obtain more pain medication. Joe made his own prescriptions with his computer. He made the
prescriptions out to the names of characters from his favorite computer games. Over a six month period he gave the prescriptions to pharmacies in three
different counties and obtained drugs from all of them.

Finally, one of the pharmacists discovered that the prescription Joe had given to him was false and called the police. When Joe was arrested, he had over
ten prescriptions using the personal identification of other persons, video game characters, in his possession. He admitted that he created the false
prescriptions to use to get drugs from pharmacies.

After he was arrested, he was charged with Identity Theft in all three counties and he was charged for each prescription he gave to each pharmacy. In one
county alone, Joe was charged with over forty separate counts of Identity Theft.

Joe gave the false prescriptions using the identities of other persons with the intention to deceive the pharmacies into giving him drugs. Oregon law
provides that the identity of another person does not have to be of a real person. “‘Another person'” means a real person, whether living or deceased, or
an imaginary person.”

Degrees of Identity Theft

Identity Theft is a Class C Felony. Each charge carries a maximum prison term of five (5) years, and a maximum fine of $125,000.

Aggravated Identity Theft
is a Class B Felony. Each charge carries a maximum prison term of ten (10) years and a maximum fine of $250,000.

In order to get a conviction for Aggravated Identity Theft, in addition to the basic elements of Identity Theft, the Sate must also prove one of the
following facts beyond a reasonable doubt:

(1) That here were 10 or more separate incidents of Identity Theft within a 180-day period;

In the example, Joe could have been charged with Aggravated Identity Theft because he committed 10 acts of Identity Theft within 180 days. In fact, each
group of 10 acts of Identity Theft could be charged as a separate count or Aggravated Identify Theft leading to multiple REPO presumed prison sentences.

(2) The person has a previous conviction for Aggravated Identity Theft;

A second conviction for Aggravated Identity Theft can lead to REPO presumed prison sentence.

(3) The losses incurred in a single or aggregate transaction are $10,000 or more within a 180-day period; or the person commits Identity Theft 10 or more
times in a 180 day period; or a person has a previous conviction for Aggravated Identity Theft; or a person has more than 10 different pieces of
identification from more than 10 different people.

In the example, Joe did not cause any financial loss because he paid for the prescriptions. In cases where a person gets property or money using the
personal identification of another from many sources within a 180 day period, then all the money or property values can be added together. Each $10,000 of
value can be used for a separate Aggravated Identity Theft charge. For example, if the value of the property of money losses was $20,000 or more, then the
district attorney could charge two counts of aggravated Identity Theft. Being convicted on two charges of Aggravated Identity Theft can lead to a REPO
presumed prison sentence.

(4) The person has in the person’s custody, possession or control 10 or more pieces of personal identification from 10 or more different persons.

In he example, Joe could have been charged with Aggravated Identity Theft because he had documents containing the personal identification of ten different
persons in his possession when he was arrested.


Class C felony

Jail or Prison Sentences For Theft Crimes


Sentences for identity theft

In the example, Joe was convicted of five Identity Theft charges. Under the Oregon Felony Sentencing Guidelines, Joe would be subject to a non-prison
presumed sentence of probation on five Class C Felony Identity Theft convictions.

If Joe had been convicted of one count of Aggravated Identity theft, he would have been subject to a non-prison probation sentence. If Joe had been
convicted of two counts of Aggravated Identity Theft he would have been subject to a presumed 24 month prison sentence on the second conviction.

Even though Joe was not charged with Aggravated Identity Theft, he was subject to a REPO sentence on his third Class C Felony Identity Theft conviction.
Remember each Identity Theft counts as a separate conviction and each conviction counts as a prior conviction for the next conviction. So for Joe’s third
conviction for Identity Theft he would have a presumed sentence of 18 months in prison under the Repeat property Offender’s Act.


Identity theft mitigating factors

When Joe’s family called us he was in jail. Shortly after we were retained, he was released. His cases in all three counties are over. We were able to use
Joe’s successful drug treatment to get a sentence where Joe did not have to go to back to jail in any of the three counties in which he was charged.

Although he was convicted of charges in two counties, the records of those convictions can be expunged/sealed in 10 years.

How we work as a team for you

We at James F. O’Rourke, Jr. and Associates know how to defend Identity Theft charges. We are very successful in getting Identity Theft charges dismissed
or reduced. Our clients, who carefully follow our instructions, usually avoid jail sentences for Identity Theft charges. Rarely do any of our clients who
follow our instructions receive prison sentences for Identity Theft charges.

Pre Charge Representation


How we work with you.

Other things we can do for you after conviction
for Identity Theft

Probation Violation Hearings

Changing – Modification of Conditions Of Probation
is possible for most identity theft crime convictions after sentencing.

Early termination of probation
is possible for some persons serving sentences for Identity Theft crime convictions after a significant portion of the probation has been served and the
purposes of probation have been fulfilled.

Deferred misdemeanor treatment
may be requested for identity theft convictions. Identity Theft crimes are classified as C or B felonies. In some cases C felony convictions can be reduced
to misdemeanor convictions at the end of probation.

Restoration of gun rights
is possible after a felony Identity Theft conviction

Expungement (sealing) of criminal record
is possible for Identity Theft convictions.

Identity Theft crimes are serious charges with serious consequences. Consult with an experienced Identity Theft criminal defense lawyer before talking to
anyone about Identity Theft Charges that might be brought against you.

Assert you rights and protect yourself before you make any decisions or talk to the police.

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ORS 165.800 Identity Theft

ORS 165.803 Aggravated Identity Theft

165.800 Identity Theft. (1) A person commits the crime of Identity Theft if the person, with the intent to deceive or to defraud, obtains,
possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person.

(2) Identity Theft is a Class C felony.

(3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense:

(a) Was under 21 years of age at the time of committing the offense and the person used the personal identification of another person solely for the
purpose of purchasing alcohol;

(b) Was under 18 years of age at the time of committing the offense and the person used the personal identification of another person solely for the
purpose of purchasing tobacco products; or

(c) Used the personal identification of another person solely for the purpose of misrepresenting the person’s age to gain access to a:

(A) Place the access to which is restricted based on age; or

(B) Benefit based on age.

(4) As used in this section:

(a) “Another person” means a real person, whether living or deceased, or an imaginary person.

(b) Personal identification” includes, but is not limited to, any written document or electronic data that does, or purports to, provide
information concerning:

(A) A person’s name, address or telephone number;

(B) A person’s driving privileges;

(C) A person’s Social Security number or tax identification number;

(D) A person’s citizenship status or alien identification number;

(E) A person’s employment status, employer or place of employment;

(F) The identification number assigned to a person by a person’s employer;

(G) The maiden name of a person or a person’s mother;

(H) The identifying number of a person’s depository account at a “financial institution” or “trust company,” as those terms are defined in ORS 706.008, or
a credit card account;

(I) A person’s signature or a copy of a person’s signature;

(J) A person’s electronic mail name, electronic mail signature, electronic mail address or electronic mail account;

(K) A person’s photograph;

(L) A person’s date of birth; and

(M) A person’s personal identification number. [1999 c.1022 §1; 2001 c.870 §3; 2007 c.583 §1]

165.803 Aggravated Identity Theft.
(1) A person commits the crime of aggravated Identity Theft if:

(a) The person violates ORS 165.800 in 10 or more separate incidents within a 180-day period;

(b) The person violates ORS 165.800 and the person has a previous conviction for aggravated Identity Theft;

(c) The person violates ORS 165.800 and the losses incurred in a single or aggregate transaction are $10,000 or more within a 180-day period; or

(d) The person violates ORS 165.800 and has in the person’s custody, possession or control 10 or more pieces of personal identification from 10 or more
different persons.

(2) Aggravated Identity Theft is a Class B felony.

(3) As used in this section, “previous conviction” includes:

(a) Convictions occurring before, on or after January 1, 2008; and

(b) Convictions entered in any other state or federal court for comparable offenses.

(4) The state shall plead in the accusatory instrument and prove beyond a reasonable doubt, as an

element of the offense, the previous conviction for aggravated identity theft.

Our Family Thanks Jim for His Ability to See Beyond the Charge.
One day, I received a tearful voice message from my 19 year old son that would forever rock our world. It all began the prior year, my son had developed a drug problem. After undergoing drug and alcohol counseling, he had voluntarily entered rehab. During the 12 Step process, the truth came out. Prior to rehab, he had committed a drug induced robbery. (Read More...)
– A Grateful Mother and Family
We Couldn't Have Had a Better Defense at Any Price.

We feel compelled to write a testimonial to the superlative help James F. O'Rourke, Jr. And Associates gave us with our son's case. Hopefully this will be read by someone who, like us, finds themselves in a desperate legal situation. We can say without hesitation or reservation that our son got the best legal help possible.

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My son is a Heroin addict and one day he tried to rob a store in our home town. It was charged as a Measure 11 crime and I was panicking as to what to do. I started looking for a lawyer that specialized in this sort of crime and I made a few phone calls.

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