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Identity Theft Charges

Reports of identity theft have spread across the United States at epidemic proportions in the last decade, making it one of the most prevalent forms of fraud in the country. Government agencies at both the federal and state levels have instituted stringent protocols to apprehend potential identity thieves. Unfortunately, this broad net doesn’t always catch its intended targets. If you’ve been charged with identity theft, it’s vital to seek an experienced identity theft defense lawyer like Will Hanlon at Hanlon Law to help fight your case. 


What is Identity Theft?


Florida Statute 817.568 describes identity theft as the “willful, fraudulent use of (or possession with the intent to use) another’s personal identification information without that person’s consent.” 


There’s a variety of personal information that can be stolen for nefarious purposes, including (but not limited to):


  • Social Security Number
  • Bank Account Numbers
  • Credit Card Numbers
  • Online Login Credentials
  • Birth/Death Certificates
  • Biometric Information (fingerprints, eye scans, etc)


Generally speaking, identity theft is committed for some kind of monetary gain. The most commonly-known example is credit card fraud, where someone obtains your credit card information in order to purchase items they’ll never see the bill for – but you certainly will. 


There are, however, plenty of other ways to use someone else’s identity for financial gain. Recently, there has been a rash of people filing false tax returns with someone else’s Social Security Number to obtain fraudulent tax returns. When the IRS discovers the fraud, they go after the person associated with the Social Security Number used, who often has no idea what’s been going on. 


It’s important to note that identity theft is a form of fraud, and as such, requires intent. Basically, you can only commit fraud if you actually intended to commit fraud – if you had a conscious purpose of obtaining money, goods, and/or services under false pretenses. So, for example, just mistyping your Social Security Number, turning it into someone else’s on accident, wouldn’t fall under this statute. 


What are the Legal Consequences of Identity Theft Charges?


Identity theft is illegal at both the federal and state levels, and you can be convicted under either (or even both, depending on the situation). On the federal level, the Identity Theft and Assumption Deterrence Act of 1998 assigns anywhere from 5 to 30 years of imprisonment, depending on prior convictions and the value of the fraudulently obtained property. 


At the state level in Florida, identity theft is generally charged depending on the value of the fraudulently obtained property and the number of individuals whose personal information was used:


If the property is valued at less than $5,000, and the fraud involves the personal information of less than 10 individuals, the fraud is charged as a third-degree felony. As such, it’s punishable by up to 5 years in prison (or up to 5 years of probation, or some combination of the two) and a $5,000 fine.


If the property is valued at $5,000 or more, and the fraud involves the use of 10 to 19 individuals’ personal information, the charge is upgraded 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 is upgraded to a first-degree felony. This is punishable by a minimum of 5 years and maximum of 30 years in prison, and a fine up to $10,000. 


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


How to Defend Against Identity Theft Charges


The most obvious defense against identity theft is, of course, that you didn’t actually commit the fraud in question – whether you have evidence you couldn’t have committed the crime, or can prove someone else committed the crime, or can even prove the crime wasn’t committed at all.


But since identity theft is a type of fraud, another defense lies in intent. As previously mentioned, you have to actually intend to commit fraud in order for a situation to constitute fraud. The burden of proof, then, lies on the prosecution to show beyond a reasonable doubt that you not only committed the acts in question, but that you did so with the conscious intent to commit fraud. 


Consent can be another sticking point in identity theft cases. The law specifies that identity theft is the use of (or possession with the intent to use) another person’s personal information without their consent. If you can prove that you did have their consent, the case may be dismissed. For example, filing your aging and ailing mother’s tax return on her behalf so she doesn’t have to, with her knowledge and consent.


Lakeland Criminal Defense Lawyers 


Despite these possible defenses, identity theft is still a serious crime that can end in serious consequences. If you’ve been charged with identity theft, or suspect you may be under investigation for identity theft, it’s always in your best interest to retain an experienced identity theft defense lawyer as soon as possible. Will Hanlon with Hanlon Law has nearly twenty years of experience advocating on behalf of the accused. Our dedicated legal team will help you craft the best possible defense to help you secure the most favorable possible outcome. Contact Hanlon Law today to schedule a free consultation.

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