Identity theft in Florida is charged under Florida Statute 817.568 as fraudulent use of personal identification information. The base offense is a third-degree felony: up to five years in prison and a fine of up to $5,000. It becomes a second-degree felony with a mandatory minimum of three years in prison once the pecuniary benefit, the services received, the payment avoided or the loss reaches $5,000, or once the case involves 10 or more victims. At $50,000, or 20 or more victims, it is a first-degree felony with a five-year mandatory minimum, and at $100,000, or 30 or more victims, the mandatory minimum is ten years. The grade turns on the amount and on how many people's information was used, which is why two cases that sound alike can end very differently.
If you are facing criminal charges for identity theft in Florida, contact the team at Weinstein Legal Team and ask to speak with identity theft attorney Matt Shafran. Mr. Shafran is a partner at the law firm and serves as head of the criminal defense division. He has years of experience acting as a criminal defense lawyer and formerly held the position of prosecutor. This means that Mr. Shafran is well familiar with the tactics the opposing side will employ in an attempt to gain a conviction. Do not face the courts alone, as the penalty for identity theft in Florida can be quite serious.
You never have to prove your innocence in a Florida criminal case. The State has to prove every element of Florida Statute 817.568 beyond a reasonable doubt, and the defense work aims at the gaps in that proof: who actually made the transactions, what the account and device records show about access, and whether the dollar figure the State alleges holds up. That last one matters more here than in most cases, because the amount is what sets the mandatory minimum. Every day that passes is another day that the prosecutor's office is working to prove your guilt. You deserve the same diligent legal representation. Weinstein Legal Team will provide you with an entirely free case evaluation to review the facts and circumstances surrounding your charges, with absolutely no obligation. Our phones are available 24-hours a day, 365-days a year, so there will never be a time when your call for help goes unanswered. Call 954-845-0505 and ask to speak with defense attorney Matt Shafran today.
What Is Identity Theft?
Identity theft occurs when an individual uses another person's information to pose as that person, whether in person or electronically. This may include actions such as using another person's driver's license in an attempt to buy alcohol or using their identifying information to open a line of credit.
Personal information may include the following items:
- Name
- Birthdate
- Social Security Number
- Address
- Phone Number
- Employment Information
- Driver's License Number
- And more
A person may obtain another individual's information in a variety of ways, however, no matter which method they use, it is always illegal to assume another's identity. A person may physically take information from another person, such as by removing their driver's license from their purse or wallet, or they may obtain the information by way of public record, eavesdropping, cyber hacking, and more. Florida Statute 817.568(5) reclassifies the offense to the next higher degree when it was facilitated or furthered by the use of a public record as defined in Florida Statute 119.011, so a third-degree felony becomes a second-degree felony.
Common Examples of Identity Theft
Identity theft can take many forms and individuals from all walks of life may find themselves facing charges.
Examples of identity theft include:
- Stealing and using or attempting to use checks
- Stealing and using or attempting to use ATM/debit or credit cards
- Using another person's driver's license during an encounter with police or to mislead another person as to your identity/age/address
- Hacking another person's web accounts for financial gain or to pose as that individual
- Senior citizen identity theft or child identity theft, often to gain access to government and financial benefits
- Tax fraud
- Synthetic identity theft, which occurs when a person blends together many different pieces of information to create a new identity
- Medical and health insurance identity theft for the purpose of gaining coverage, avoiding medical bills, and more
- Mortgage and home title fraud
- Internet of Things (IoT) identity fraud, or gaining access to another person's personal data by way of hacking a secure digital device
- And more
You can be charged with identity theft or fraud even if the other person knew what you were doing. For example, should an older sibling let a younger sibling borrow a driver's license, which is then used during a police stop. Or, should a friend or relative provide an individual with their medical or insurance information to use for billing and coverage purposes. The state may still prosecute you for identity theft in these instances, and it may add a conspiracy count. Conspiracy is not a higher charge than the offense behind it. Under Florida Statute 777.04(4)(a) a criminal conspiracy is ranked one level below the offense conspired to for sentencing purposes.
What Is the Penalty for Identity Theft Crime in Florida?
In the state of Florida, identity theft is frequently a felony charge. Identity theft rarely arrives as a single count, and the added charges are what lengthen a sentence. For example, you may receive additional theft charges should you use another person's identity to make unauthorized purchases. Or, should an individual use another person's identifying information to create false documents, they may face additional criminal charges for forgery. Two tiers sit outside the dollar thresholds. Under Florida Statute 817.568(6), fraudulently using the personal identification information of someone younger than 18 or aged 60 or older is a second-degree felony regardless of the amount, and Florida Statute 817.568(7) reaches the same result where the accused is that person's parent, legal guardian or custodian. The penalties listed below do not include any additional charges the State may file alongside the identity theft count.
What is the penalty for identity theft in Florida?
- Restitution to the victim for the loss, ordered under Florida Statute 775.089. A criminal court does not award the other side's attorney's fees
- Third-degree felony under Florida Statute 817.568(2)(a): up to five years in prison or five years of probation, and a fine of up to $5,000
- Second-degree felony under Florida Statute 817.568(2)(b), at $5,000 or more or 10 to 19 victims: up to fifteen years in prison, a fine of up to $10,000, and a mandatory minimum of three years in prison
- First-degree felony under Florida Statute 817.568(2)(c), at $50,000 or more or 20 to 29 victims: up to thirty years in prison, a fine of up to $10,000, and a mandatory minimum of five years in prison
- First-degree felony at $100,000 or more, or 30 or more victims: the same thirty-year maximum with a mandatory minimum of ten years in prison
Additionally, living life as a convicted felon can present many more challenges. You may face trouble finding employment or housing in the future, as prospective employers and landlords as well as HOAs will see your criminal charges on a background check. A felony conviction suspends your right to vote until you complete every term of the sentence, including probation, parole and restitution, under Article VI, Section 4(a) of the Florida Constitution. Article VI, Section 4(b) carves out murder and felony sexual offenses, which require clemency instead. You also lose the right to possess weapons or legally owned firearms: under Florida Statute 790.23 a convicted felon who owns or possesses a firearm, ammunition or an electric weapon commits a second-degree felony. A defense attorney such as Matt Shafran at Weinstein Legal Team can help.
Can Identity Theft Charges Be Dropped?
When asking what is the penalty for identity theft in Florida, many individuals also wish to know whether these charges can be dropped. The good news is that, yes, it is possible for the prosecutor's office to drop identity theft charges even before your first court appearance. However, you need the assistance of an experienced criminal defense attorney to negotiate on your behalf and present evidence that may exonerate you.
It is a common misconception that if the alleged victim either does not wish to press charges or decides to drop their charges after filing a complaint, that the state must also drop the case. Unfortunately, this is not true. Identity theft is a criminal matter, and a prosecutor's office may still move forward even without the cooperation or involvement of the alleged victim. Only the prosecutor can decide to drop these charges, often after intense negotiation and discussion with your defense attorney.
What Is the Best Way to Defend against Identity Theft Charges?
The most important thing to remember when examining the penalty for identity theft and the possible ramifications to your life is that there is hope to have the charges either dropped or significantly reduced with the right legal help.
Possible defenses against identity theft include:
- The ability to prove you did not have the intent to obtain another person's information
- You are not the person responsible for the transactions or information
- The ability to prove you did not have the intent to use another person's information for any gain
Contact Weinstein Legal Team Today
If you are facing charges and want to know the possible penalty for identity theft, contact the team at Weinstein Legal Team today for a free case evaluation. Ask for experienced criminal defense attorney, attorney Matt Shafran, who will review the facts of your case and the State's evidence and tell you where that evidence is weak. No attorney can promise you an outcome, and the facts of one case never predict another.
Call 954-845-0505 today to speak with our team.
