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Identity Theft Charges

Identity theft is a serious crime that the state of Florida prosecutes aggressively. Unfortunately, by casting such a wide net in trying to weasel out potential cases, a lot of innocent misunderstandings get caught up in the mix. If you or someone you know has been charged with identity theft, contact the experienced legal team at Hanlon Law today to schedule a free consultation. 


What are Identity Theft Charges?


Identity theft is, just as the name suggests, stealing someone else’s identity. Florida statute 817.568 states that identity theft is specifically the “willful, fraudulent use of (or possession with the intent to use) another person’s personal identification information without that person’s consent.” 


“Personal information” can include anything from a name and address to a Social Security number. Generally speaking, this information is obtained and used for monetary gain, but monetary gain is not required for someone to be charged with identity theft. 


What is required, however, is intent. As with all forms of fraud, the law explicitly states that the act must be committed “willfully.” You must have intended to commit fraud in order to actually commit fraud – otherwise, it’s just a mistake, a misunderstanding, or a miscommunication made in good faith. 


What are the Consequences for Identity Theft Charges?


The federal Identity Theft and Assumption Deterrence Act of 1998 allows anywhere from 5 to 30 years in prison, depending on the value of the property involved and whether or not you have any prior convictions. 


In Florida specifically, identity theft is generally considered a third-degree felony, punishable by up to 5 years in prison (or up to 5 years of probation) and a $5,000 fine.


However, there are certain aggravating factors that can enhance this sentencing. For example, if the fraudulently-obtained property in question is valued at $5,000 or more, and involves the use of personal information from 10 to 19 individuals, the charge is elevated to a second-degree felony. This is punishable by a minimum 3 years and a maximum 15 years in prison, as well as a $10,000 fine.


If the property is valued at $50,000 or more, and involves the use of personal information from 20 to 29 individuals, the charge becomes a first-degree felony. This comes with a minimum 5 years and maximum 30 years imprisonment, and a fine up to $10,000. 


If the property in question is valued at $100,00 or more, and involves the use of personal information from 30 or more individuals, the charge also becomes a first-degree felony, this time with a minimum 10 years and maximum 30 years in prison, along with a $10,000 fine.


Kissimmee Criminal Defense Lawyers 


There are a variety of ways to defend against identity theft charges: 


  • Lack of fraud – you did not commit the identity theft in question
  • Identity theft – your identity was used by another to commit identity theft
  • Lack of intent – you didn’t actually intend to commit identity theft, or otherwise acted in good faith
  • Possession without intent – you possessed someone else’s personal information that could be used fraudulently, but had no intent to use that information fraudulently
  • Consent – you had the consent of the person whose information you possessed and/or used to possess and/or use that information


There are, of course, other defenses to consider, which is why it’s always in your best interest to seek out an experienced defense attorney to advise you. Will Hanlon at Hanlon Law has nearly twenty years of experience fighting for defendants. He and his dedicated team will advocate aggressively on your behalf and work tirelessly to help you secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.

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