Wisconsin Identity Theft Charges
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Madison, WI
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What Constitutes Identity Theft in Wisconsin?
Identity theft under Wisconsin Statute § 943.201 is broadly defined as the intentional use, possession, or attempted use of another person’s personal identifying information without their consent, with the goal of obtaining something of value or causing harm. This includes both financial fraud (like unauthorized use of credit cards) and non-financial uses, such as avoiding a legal penalty or damaging someone’s reputation.
Importantly, the law applies even if:
• The victim is deceased
• The personal information was not used to cause a financial loss
• The information was merely possessed with intent to use it later
Due to its broad reach and the seriousness with which prosecutors treat these cases, identity theft is classified as a Class H felony, carrying significant criminal and collateral penalties.
Penalties for Identity Theft in Wisconsin
Identity theft is a Class H felony, which carries potential consequences of:
• Up to 6 years in prison (initial confinement and extended supervision)
• Fines up to $10,000
• Restitution to victims for any losses
• Permanent criminal record that may limit future employment, housing, or professional licensing
Even first-time offenders face felony charges, and prosecutors do not need to prove that the victim suffered a monetary loss—only that the defendant intended to use the information for unlawful purposes.
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What Is Considered “Personal Identifying Information”?
The statute defines a wide range of personal data that may form the basis of an identity theft charge, including:
• Name, address, phone number
• Driver’s license or social security number
• Employer or employment location
• Mother’s maiden name
• Bank account or credit card information
• PIN numbers or access codes
• DNA profile or biometric data
• Any other unique identifier used to access funds, services, or benefits
Similarly, a “personal identification document” can include credit cards, debit cards, access devices, or any tool used to access goods, services, or financial resources.
What Must the State Prove to Convict You?
To secure a conviction for identity theft, the prosecution must prove beyond a reasonable doubt that:
1. You used, attempted to use, or possessed someone else’s personal identifying information;
2. You did not have that person’s consent;
3. You acted with intent to obtain something of value, avoid a penalty, or harm the individual’s property or reputation.
Mere possession is not enough without evidence of intent to use the information unlawfully. This is where many cases can be successfully defended.
Facing Identity Theft Charges in Madison, WI? DK Anderson, S.C. Can Help
At DK Anderson, S.C., we understand that identity theft allegations often arise in highly complicated circumstances. Whether you’re accused of using a family member’s credit card, possessing someone’s personal data without criminal intent, or unknowingly engaging in fraudulent conduct, our attorneys are prepared to investigate the facts and present a strategic and aggressive defense. If you are facing felony identity theft charges, early intervention is key. Let us begin protecting your rights today.
Defending Against Identity Theft Charges in Wisconsin
Building a strong defense against identity theft charges involves a comprehensive understanding of the evidence, statutory elements, and potential constitutional violations. At DK Anderson, S.C., we analyze every detail of the case to identify viable legal defenses, including:
• Lack of Intent: Demonstrating that you did not intend to use the information for unlawful purposes can dismantle the state’s case.
• Consent: If the alleged victim consented to the use of their information or identification, this can be a complete defense.
• Mistaken Identity: Digital and financial crimes are often committed under false credentials. If someone else used your devices or account, we will work to establish that you were not responsible.
• Unlawful Search and Seizure: If your property or electronic data was obtained without a valid warrant or probable cause, we may be able to suppress key evidence.
• Insufficient Evidence: In many cases, the prosecution cannot meet the high burden of proving all statutory elements beyond a reasonable doubt.
Each identity theft case is fact-specific. Our goal is to challenge the evidence, expose weaknesses in the prosecution’s case, and work toward dismissal, reduction of charges, or acquittal at trial.
Contact DK Anderson, S.C. for Identity Theft Defense in Wisconsin
If you’ve been charged with identity theft in Madison or Southern Wisconsin, call DK Anderson, S.C. to discuss your case. We provide:
• Free case evaluations
• Honest assessment of your legal options
• Aggressive and experienced defense strategies
Let us protect your rights and defend your future—start your defense with DK Anderson, S.C. today.
📞 Call Now: (608) 204-5807
Frequently Asked Questions - Identity Theft in Wisconsin
Yes. Possessing personal identifying information with the intent to use it unlawfully is enough for a felony charge.
Yes. Identity theft is a felony property crime, and many employers will see it as a breach of trust. Convictions can result in lost job opportunities, especially in fields involving finance or personal data.
Defenses may include lack of intent, actual consent, mistaken identity, or constitutional violations during evidence collection. Each case depends on its unique facts.
If consent was given at the time of use, that could be a valid defense. However, using outdated or revoked consent is often disputed in court.
Yes. Under Wis. Stat. § 943.201, identity theft is a Class H felony, regardless of the dollar amount involved or whether the victim is alive.
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