Identity theft charges vary depending on exactly what type of criminal offense occurred. In most states identity theft will be a felony offense, it is really just the class or degree of felony that will vary. In most states it is also an enhanced felony if you then are found to have trafficked or sold that identity to someone else. In these cases there would actually be two felony counts, one for stealing the identity and one for trafficking. Most states also have a felony offense for using a stolen identity to obstruct justice, such as providing someone else's name, social insurance or driver's license as your own. Along with criminal charges that will remain on the record, most states also provide for the courts to order the person charged with the crime to make restitution to the victims. In some areas this can be done through seizing property or other assets, especially if other types of fraud charges are occurring in the same case.