Identity theft is a criminal offense that can have you face a sentence of 1 – 15 years in prison. Identity theft can be either a misdemeanor or a felony, depending on the factors that led to your arrest you could face a sentence between 1 – 40+ years with possible probation. If there are less than 20 victims or more than $5,000 in financial gain, then it is a second-degree felony. If there are more than 20 victims or more than $50,000 in financial gain, then it will be a first-degree felony. Misdemeanor convictions can have up to $1,000 in fines while a felony can be up to $15,000 in fines. The defendant may also be asked for restitution for the affected parties.