Criminal Defense

Identity Theft Charges in Florida

Identity theft is a serious crime in Florida, and being accused of it can have severe consequences. This offense involves obtaining or using someone else’s personal information for fraud, typically without their consent. A conviction for identity theft can result in long-term consequences, including substantial fines, imprisonment, and lasting damage to your reputation.

At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand how overwhelming it can be to face identity theft charges. Our experienced team is committed to protecting your rights and building a strong defense to minimize or eliminate the penalties you face. If you or someone you know is facing identity theft charges, contact us today for a consultation.

What Is Identity Theft in Florida?

Under Florida Statute § 817.568, identity theft is defined as knowingly and unlawfully obtaining, possessing, or using another person’s personal identification to commit fraud or other crimes. This can include using someone’s credit card number, social security number, or other identifying information without their permission.

To secure a conviction, the prosecution must prove the following elements:

  1. You knowingly and unlawfully obtained someone else’s personal information.
  2. You used that information to commit fraud or a crime.
  3. Your actions resulted in financial loss or harm to the victim.

Are There Different Degrees of Identity Theft?

Identity theft in Florida is classified into different degrees based on the severity of the offense and the harm caused to the victim. The charges can range from lesser offenses involving minor fraud to more serious charges resulting from large-scale fraudulent schemes or substantial harm to the victim.

Understanding the differences in degrees is crucial, as the penalties vary significantly. Below, we break down the potential charges and their associated consequences.

First-Degree Felony:

In Florida, identity theft may be charged as a first-degree felony when the stolen identity information is used to commit significant fraud or when the victim experiences substantial financial loss or personal harm.

Factors that can elevate the charge to a first-degree felony include:

  • Large-Scale Fraud: Using stolen identity information to engage in multiple fraudulent transactions or to obtain high-value assets, such as real estate or large loans.
  • Multiple Victims: If the identity theft extends to multiple individuals or businesses, the prosecution may seek the most severe penalties.
  • Victim Impact: The impact on the victim, such as significant financial losses, severe emotional distress, or damage to their credit, can influence the severity of the charge.

Penalties for a first-degree felony identity theft conviction can include:

  • Up to 30 years in prison.
  • Fines up to $10,000.
  • Restitution to the victim for the damages caused.
  • Additional penalties such as community service, mandatory counseling, or probation.

Third-Degree Felony:

Identity theft charges may be classified as a third-degree felony when the offense involves less fraud or harm. Factors that may result in third-degree felony charges include:

  • Minor Fraudulent Transactions: Using stolen identity information to gain access to smaller amounts of money or products.
  • Limited Impact on the Victim: If the victim’s financial loss is relatively low, they could quickly resolve the issue with minimal damage.
  • Less Aggravating Factors: If the defendant did not have a pattern of stealing identities or engaging in large-scale fraudulent activity, the charge may be reduced to a third-degree felony.

Penalties for a third-degree felony identity theft conviction typically include:

  • Up to 5 years in prison.
  • Fines up to $5,000.
  • Probation or community service.
  • A permanent criminal record.

Additional Consequences for All Degrees of Identity Theft

Regardless of the degree of the charge, a conviction for identity theft carries long-lasting consequences beyond imprisonment and fines. Some of these include:

A Permanent Criminal Record

A conviction for identity theft will appear on your criminal record, significantly impacting your future. It can limit your ability to find employment, apply for professional licenses, and even hinder housing or loan applications. Some employers may have policies against hiring individuals with felony convictions.

Civil Lawsuits

The identity theft victim (s) may file a civil lawsuit against you for damages. Victims may seek compensation for financial losses, emotional distress, and other damages they suffered as a result of the theft. This can lead to additional financial burdens, including settlement costs and attorney fees.

Probation and Restitution

In some cases, the court may impose probation instead of (or in addition to) prison time. During probation, you may be required to comply with various conditions, such as regular check-ins with a probation officer, maintaining employment, or undergoing counseling.

Restitution may also be ordered, where you must pay the victim(s) for the financial harm they suffered as a result of the identity theft. 

Community Service

Depending on the circumstances and the severity of the crime, you may also face a sentence that includes mandatory community service hours, often focusing on public service or working with victims of financial crimes.

These consequences underscore the seriousness of identity theft charges and the long-term impact a conviction can have on your life.

How to Defend Against Identity Theft Charges

An experienced identity theft lawyer will understand that every case is unique, and so the defense strategy they create will depend on the specifics of your case. Some common defenses against identity theft charges include:

  • Lack of Intent: If you didn’t intend to commit fraud or use someone else’s personal information for illicit purposes, your attorney may argue for reduced charges or a dismissal.
  • False Accusations: If you were falsely accused or there is insufficient evidence to support the allegations, they will work to prove your innocence.
  • Mistaken Identity: If there is confusion about who committed the crime or how your information was used, your lawyer may present evidence to show you are not responsible.
  • Unauthorized Use Without Fraud: If the use of the information did not lead to financial loss or was done without fraudulent intent, they may be able to argue for a lesser charge. 

Why You Need an Identity Theft Defense Attorney

Facing identity theft charges is daunting, but you don’t have to face the criminal justice system alone. At Metcalf Falls, Criminal Defense Attorneys, P.A., we offer the expertise and support you need to fight these charges. Our team will investigate the case, examine the evidence, and consult with experts to develop a robust defense strategy to reduce or dismiss the charges.

If you or a loved one is facing identity theft charges, time is of the essence. Contact us today to schedule a consultation and learn how we can help protect your rights. 

FAQs About Identity Theft in Florida

What is identity theft?

Identity theft involves unlawfully using someone else’s personal information to commit fraud or other crimes, such as credit card fraud, banking fraud, or obtaining loans in someone else’s name. 

Can I be charged if I didn’t know the information was stolen?

Yes. In Florida, it is still possible to face charges for possessing or using stolen information even if you didn’t know it was obtained unlawfully.

What are the penalties for identity theft in Florida?

Penalties vary based on the severity of the crime. First-degree felony charges can lead to up to 30 years in prison and significant fines, while third-degree felony charges may result in up to 5 years in prison.

Can I face civil lawsuits in addition to criminal charges?

Yes. The victim of identity theft may file a civil lawsuit to seek damages for financial losses, emotional distress, and other harm caused by the crime. 

How can a lawyer help in an identity theft case?

A skilled criminal defense attorney can challenge the prosecution’s evidence, explore possible defenses, and work to secure a reduction or dismissal of charges.

What should I do if I am accused of identity theft?

Contact a criminal defense attorney immediately to protect your rights. Avoid speaking to law enforcement without legal representation.

Are there alternative sentencing options available?

In some cases, your attorney may negotiate for alternative sentencing, such as probation or community service, depending on the circumstances of your case.

Why Work With Our Florida Money Laundering Defense Attorneys?

Money laundering charges in Florida are serious federal or state offenses that can result in severe penalties, including substantial fines, asset forfeiture, and lengthy prison sentences. If you are facing these allegations, working with an experienced defense attorney like Brett Metcalf is essential to protect your rights and financial future.

Money laundering cases often involve complex financial transactions and extensive government investigations. As a former prosecutor at the State Attorney’s Office, Brett Metcalf understands how prosecutors build financial crime cases and the evidence they rely on. He uses this knowledge to identify weaknesses in the government’s case and develop strategic defenses tailored to your unique situation.

Since 2012, Brett has successfully defended Florida residents against serious criminal charges, including identity theft. From the outset, he works to have charges reduced or dismissed, thoroughly investigating the circumstances surrounding the case. If the case proceeds, Brett builds a strong defense to achieve the best possible outcome, whether through acquittal, dismissal, or minimized penalties.

Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.

Start Your Florida Identity Theft Defense Today

An identity theft charge can have lasting consequences, but you can fight for a favorable outcome with the right defense. At Metcalf Falls, Criminal Defense Attorneys, P.A., we have extensive experience defending clients against serious criminal charges.

Call us at (813) 981-7005 or fill out our online form for a free consultation. Together, we’ll work to protect your rights and future.

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