What is the penalty for identity theft?
Identity theft is a type of fraud that has become a major concern in Florida and nationally. In 2022, the Federal Trade Commission reported that Florida had the third most identity theft cases. Most identity theft crimes involve illicitly taking, receiving, or possessing another person’s information to use for illegal activities. State and federal law enforcement agencies take identity theft seriously, and if convicted, you can go to jail for years.
If you have been charged with identity theft, it’s vital to hire an attorney. Stroleny Law is an experienced and trusted law firm that handles identity theft charges. Call (786) 481-4129 for a consultation about your identity theft and assumption case. We will defend you against identity theft charges and protect your rights.
What Is Identity Theft?
Identity theft is an unlawful activity typically charged under Florida Statute 817.568. The law states it is illegal to willfully and without authorization fraudulently use someone’s personal information. Most often, identity theft involves taking someone’s driver’s license, credit card, or Social Security number with the intent to use the information fraudulently. The FTC reports that up to 10 million Americans are victims of identity theft.
Identity Theft Penalties
If you’ve been charged with identity theft, you should secure experienced legal counsel immediately. The sentence you can receive for ID theft in Florida depends on the situation. Generally, identity theft is charged as a third-degree felony in Florida. Identity theft is punishable by up to five years in prison and up to a $5,000 fine.
However, there are aggravating circumstances that could result in more severe penalties:
- If the prosecutor can prove that you made $5,000 or more with fraudulent intent or used the personal details of 10 to 19 people, it becomes a second-degree felony. This crime is punishable by up to 15 years in state prison with a maximum fine of $10,000. You also will likely receive a three-year mandatory minimum sentence for identity theft.
- If the prosecutor shows that you made $50,000 or more with someone’s bank account information or used the personal details of 20 to 29 people, it is a first-degree felony. This crime is punishable by up to 30 years and a maximum fine of $10,000. You are also subject to a five-year mandatory minimum sentence.
- If the prosecutor proves that you made $100,000 or more or used the personal information of 30 or more people, it is also a first-degree felony. You may receive up to 30 years in prison and a maximum $10,000 fine. There is also a mandatory minimum 10-year sentence.
Furthermore, committing felony crimes like identity theft in Florida can lead to deportation if you aren’t a US citizen. According to INA 101, a person has committed an aggravated felony if convicted of a fraud-related crime with more than $10,000 loss.
Federal Identity Theft Charges
Identity theft can also be a federal crime. Anyone who engages in the following activities can be charged with identity theft by federal law enforcement agencies:
- Without legal authority, produce an ID document or false ID document
- Transfer an identification document while knowing that the document is fraudulent or stolen
- Possess with the intent to use five or more fraudulent ID documents
- Possess an incorrect identification document with the intent to defraud the US
- Possessing the identification of another person intending to engage in a fraudulent or otherwise illegal activity
The penalties for violating 18 U.S.C § 1028, which pertains to federal identity theft, can vary based on the specifics of the case. If convicted, individuals may be sentenced to federal prison for a period ranging from 5 to 30 years. If federal authorities charge you, you should hire an experienced federal crime attorney at Stroleny Law immediately.
It’s common for federal authorities to charge other crimes with identity theft, such as wire fraud, social security fraud, credit card fraud, computer fraud, and mail fraud. If convicted of any additional federal crimes, you could face additional penalties. Aggravated identity theft involves using another party’s identification while committing a federal crime.
How to Protect Yourself From Identity Theft
No one wants to be the victim of identity theft. There is no one way to avoid identity fraud, but the following strategies can be helpful for identity theft and assumption deterrence:
Freeze Your Credit
You can freeze your credit with Experian, TransUnion, and Equifax. This restricts the use of your identity so new credit lines cannot be opened. If you suspect someone has stolen your identity, freezing your credit with the credit bureaus is a smart move to protect yourself.
Protect Your Social Security Number
Your Social Security number is the easiest way someone can steal your identity and use your credit. Guard your Social Security number closely. If anyone asks for your SSN, always inquire why it is needed and what will be done to protect it. Never carry your Social Security card with you, and shred any documents with the number to avoid identity theft.
Use Strong Passwords
Certain software can be used to guess easy passwords. Use a password manager to create and store complex, unique passwords for all your accounts. You should never reuse a password and don’t depend on security questions to protect your accounts. It isn’t hard to find out your dog’s name or your mother’s maiden name.
Buy a Document Shredder
You shouldn’t put any critical documents in your trash without shredding them. You should also shred any junk mail you receive, as it may contain preapproved credit offers.
Review Your Credit Reports Annually
The three major credit agencies give you access to free credit reports. Request your free reports every year, and ensure you recognize all the credit accounts listed there. Anything you don’t recognize should be disputed and closed.
How an Attorney Can Help With Identity Theft Charges
The prosecutor must prove beyond a reasonable doubt that you willfully and fraudulently used another person’s personal information and did so without obtaining their consent to secure a conviction. Even attempting to commit identity theft is a crime. There are several potential legal defenses that Stroleny Law may employ in your case, depending on the circumstances:
Consent
The state must prove you didn’t obtain the victim’s consent to have or use their personal information. If the alleged victim permitted you to use their personal information, your attorney can argue no crime was committed. The same is true for a federal offense. Attorney Stroleny is accustomed to dealing with federal prosecutors on identity theft crimes.
Lack of Intent
The state must prove that you willfully used or fraudulently possessed the person’s personal information. “Willfully” means knowingly, purposely, or intentionally. If you possessed another person’s personal information by accident or were unaware of it, this could also be a defense.
If you accidentally took your friend’s wallet from their car because you thought it was yours, your attorney can show a lack of intent to possess their driver’s license, credit cards, etc.
Improper Search
State and federal authorities must follow strict rules when investigating a crime. This means they must have a warrant to search your property, and they must uphold your constitutional rights.
If law enforcement conducted a search without a warrant or obtained a warrant by doing something illegal, the evidence may not be admissible in court.
Identification
The state of Florida must prove beyond a reasonable doubt that you committed the crime. This could be by calling witnesses who saw you possessing or using the person’s driver’s license. If the case involves circumstantial evidence, it may be challenging for the state to prove it.
Constructive Possession
In some cases where someone is charged with identity theft, the alleged victim’s identification is in the defendant’s house or car. If the identification was in a place where more than one individual had access, the state might not be able to prove that you possessed or were aware of the personal information.
Contact a Florida Identity Theft Defense Attorney
Being charged with state or felony crimes involving identity theft is a grave matter. An identity theft conviction will lead to severe consequences. Federal charges usually involve steeper penalties and prison sentences. Being convicted of identity theft at the state or federal level can ruin your life.
Fortunately, an experienced criminal defense attorney at Stroleny Law can help you avoid conviction or get a reduced charge. If you have been charged under state or federal identity theft laws, our law office can help you.
Attorney Julian Stroleny is an experienced identity theft criminal defense lawyer who has been recognized with various awards for his legal skills, such as the 2023 AV Preeminent Martindale-Hubble and 2023 Client Champion Martindale-Hubble. Let attorney Stroleny put his formidable criminal defense skills to work for you now. Call (786) 481-4129 today for a confidential consultation.