Identity Theft Defense Attorneys - Barnes & Fersten
Experienced Criminal Defense Attorneys In Tennessee
Charged With Identity Theft In East Tennessee?
Our attorneys represent individuals facing serious charges in Knoxville and all throughout East Tennessee.
If you’ve been accused of identity theft in Knoxville or anywhere in East Tennessee, you may be facing serious felony charges that can impact your freedom, finances, and future. According to Tennessee law, identity theft involves the unauthorized use of another person’s personal information, often tied to allegations of fraud, financial crimes, or deception. These cases are frequently built on complex digital and financial evidence, and law enforcement may already be compiling records before you’re even aware you’re under investigation. Early, strategic legal representation can make a critical difference in how your case unfolds.
At Barnes & Fersten, we defend individuals accused of identity theft and related fraud offenses in Knox County and throughout the surrounding areas. Our attorneys understand how prosecutors approach these cases and work aggressively to challenge weak evidence, protect your rights, and pursue the best possible outcome for you.
What Is Identity Theft In Tennessee?
Under Tennessee law (T.C.A. § 39-14-150), identity theft occurs when someone knowingly uses (or possesses with intent to use) another person’s personal identifying information without permission in order to commit an unlawful act. “Personal identifying information” can include a wide range of data, such as a Social Security number, driver’s license number, bank account details, credit card information, or even login credentials tied to financial accounts. The key issue in these cases is not just possession of the information, but whether the prosecution can prove intent to commit fraud or another crime.
In practice, identity theft charges often arise from allegations like opening credit accounts in another person’s name, making unauthorized purchases, applying for loans or benefits, or using someone else’s identity to avoid legal consequences. These cases can quickly become complex, involving digital records, transaction histories, and witness statements. Because intent is a critical element, an experienced defense attorney can challenge whether the evidence actually shows criminal intent—or whether there has been a misunderstanding, misidentification, or insufficient proof.
🔎 Penalties for Identity Theft in Tennessee
Under T.C.A. § 39-14-150, identity theft is generally charged as a Class D felony in Tennessee. A related offense, identity theft trafficking, is charged as a Class C felony, which carries even greater potential punishment. That means these cases are not minor allegations. A conviction can expose you to prison time, substantial fines, restitution, probation, and the lasting consequences of a felony record.
For many defendants, the possible sentence depends in part on criminal history and offender range. In general, Tennessee sentencing law provides a Range I sentence of 2 to 4 years for a Class D felony and 3 to 6 years for a Class C felony, with higher ranges possible for defendants with more significant prior records. Tennessee law also allows fines of up to $5,000 for a Class D felony and up to $10,000 for a Class C felony, in addition to other penalties the court may impose.
In many identity theft cases, the penalties may involve more than jail exposure alone. Courts may also consider restitution, the alleged financial harm involved, and any related charges filed alongside the identity theft count. Because the stakes can be high from the beginning, it is important to have a defense attorney carefully evaluate the facts, the State’s evidence, and the sentencing risks in your case as early as possible.
Why Choose Barnes & Fersten For Identity Theft Charges
✅ Focused Criminal Defense Experience
Identity theft cases often involve detailed financial records, digital evidence, and layered allegations. Our firm is experienced in analyzing these elements, identifying weaknesses, and developing a defense strategy designed to challenge the prosecution at every stage.
✅ Aggressive Defense Against Felony Charges
Because identity theft is typically charged as a felony in Tennessee, the stakes are high. We take an aggressive, detail-oriented approach to defending our clients, whether that means negotiating for reduced charges, seeking dismissal, or preparing for trial.
✅ East Tennessee’s Most Trusted Criminal Defense Team
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With over 340 5-star reviews, our firm is known for prioritizing client experience and delivering real results. We don’t just fight criminal charges—we guide you through every step, ensuring clear communication and a personalized defense strategy tailored to your unique situation.
✅ Local Representation For East Tennessee Charges
We have experience defending clients in Blount County, Knox County, Loudon County, Sevier County, and all throughout East Tennessee. Our law firm’s local knowledge can make a real difference in the outcome of your case.
Frequently Asked Questions
In most cases, identity theft is charged as a Class D felony under Tennessee law. However, the exact charge and potential penalties can depend on the facts of the case, including the amount of financial loss, the number of alleged victims, and whether other offenses are involved. In some situations, related charges or negotiated outcomes may result in reduced penalties, but identity theft itself is generally treated as a serious felony offense.
While the terms are often used together, they are not the same. Identity theft involves the unauthorized use of another person’s personal identifying information, while fraud refers more broadly to intentional deception for financial or personal gain. In many cases, identity theft is the method used to commit fraud—for example, using someone else’s credit card information to make purchases. A person can be charged with one or both offenses depending on the circumstances.
Yes. Under Tennessee law, you can be charged if you possess another person’s identifying information with the intent to use it unlawfully, even if no transaction or fraud actually occurred. Prosecutors often rely on circumstantial evidence—such as digital records or documents found in your possession—to argue intent. This makes it especially important to have an attorney who can challenge whether intent can truly be proven.
If you believe you are under investigation, it is critical to act quickly. Do not speak with law enforcement or investigators without legal counsel, as anything you say can be used against you. Preserve any potentially relevant evidence, such as emails or financial records, and avoid contacting anyone involved in the investigation. The sooner you involve a defense attorney, the more opportunities there may be to protect your rights and potentially prevent charges from being filed.
Absolutely. In many cases, a defense attorney can intervene during the investigation phase. This may involve communicating with law enforcement on your behalf, presenting exculpatory evidence, or clarifying misunderstandings that could otherwise lead to criminal charges.
Yes, depending on the strength of the evidence and the specific facts of the case. Charges may be dismissed if there is insufficient proof, lack of intent, or constitutional violations (such as illegal searches). In other situations, an experienced defense attorney may be able to negotiate for reduced charges or alternative resolutions. Every case is different, but having a strong legal strategy can make a significant difference in the outcome.
Common Defenses to Identity Theft Charges in Tennessee
Identity theft cases often turn on intent, knowledge, and how the evidence was obtained and interpreted. Because these cases frequently involve digital records, financial data, and circumstantial proof, there are often multiple avenues to challenge the prosecution’s case. At Barnes & Fersten, we take a detailed, strategic approach to identifying weaknesses and building a defense that fits the specific facts of your situation.
Lack of Intent to Defraud
Tennessee law requires the state to prove that you acted with the intent to commit fraud or another unlawful act. This is not always easy for prosecutors to establish. For example, you may have come into possession of someone’s information without realizing it, or used it for a purpose you believed was legitimate. If intent cannot be clearly proven, the charge itself may not stand.
Mistaken Identity or False Accusation
Many identity theft cases rely heavily on digital footprints, such as IP addresses, device data, or account activity. However, these forms of evidence can be misleading. Shared computers, unsecured networks, or compromised accounts can result in the wrong person being accused. We investigate whether the alleged activity can truly be traced back to you—or whether there is reasonable doubt about who was responsible.
Insufficient or Circumstantial Evidence
The prosecution must prove every element of the offense beyond a reasonable doubt. In identity theft cases, the evidence is often indirect—such as financial transactions or records tied to an account. If there is no clear connection between you and the alleged use of the information, or if key pieces of evidence are missing, we can challenge the strength and reliability of the state’s case.
Illegal Search and Seizure
Law enforcement must follow strict constitutional rules when gathering evidence. If police searched your home, phone, or computer without a valid warrant—or exceeded the scope of a warrant—any evidence obtained may be excluded from court. Successfully suppressing evidence under the Fourth Amendment can significantly weaken or even dismantle the prosecution’s case.
Authorized Use or Consent
In some situations, the use of another person’s identifying information may have been authorized or reasonably believed to be authorized. This often arises in family, business, or shared financial situations where access to accounts or personal data is common. If consent existed—or there is ambiguity about whether it did—this can be a powerful defense against identity theft allegations.
Lack of Knowledge
In addition to intent, the state must often show that you knew the information belonged to another person and that your use of it was unauthorized. If you were unaware that the information was obtained improperly, or believed it was yours to use, this can undermine the prosecution’s case.
Charged With Identity Theft in Knoxville? Contact Barnes & Fersten Today
If you’re facing identity theft allegations, the decisions you make right now can have a lasting impact on your future. These cases can move quickly, and prosecutors often begin building their case long before formal charges are filed. Having an experienced criminal defense attorney on your side early can mean the difference between facing the full weight of a felony conviction and resolving the matter on more favorable terms.
Whether you’re facing identity theft charges in Knox County, Blount County, Sevier County, Loudon County, or anywhere in East Tennessee, we have the experience, local knowledge, and strategic approach needed to secure the best possible outcome for you. Call our law firm today at 865-805-5703 or fill out our contact form to schedule a free consultation.
