Identity Theft Lawyer in Miami, FL

Whether you or a loved one has been arrested or is under investigation for identity theft, it is critical to consult an experienced identity theft attorney in Miami as soon as possible to protect your rights. You need the counsel of an experienced lawyer to guide you through the process and maximize your chances of resolving your criminal charges with a favorable outcome.

What is Identity Theft?

Identity theft generally involves using another person’s identifying information for an unlawful purpose. Florida’s main fraud provision covers willful, unauthorized fraudulent use, or possession with intent to fraudulently use, another person’s identifying information without consent. Identity theft cases may be prosecuted under state law or as federal criminal charges. Florida’s identity-theft statute is section 817.568, Florida Statutes. Like federal law, Florida law criminalizes identity theft and provides mandatory minimum prison sentences in certain circumstances. The federal identity theft law is found at 18 U.S.C. §1028. Law enforcement agencies and prosecutors aggressively prosecute identity fraud cases because of the financial harm that victims of identity theft can suffer. Because of the severe penalties in identity theft cases, you should seek immediate legal advice from an experienced criminal attorney in Miami. A strong defense strategy and early investigation are essential to the outcome of a client’s case at our law firm.

Examples of Identity Theft

Identity theft charges in Florida cover a broad range of unlawful activities. These may include committing fraud by impersonating someone else or using someone else’s personal information without their consent. Some common examples of identity theft include:

• Using someone else’s identity without permission to apply for a loan, credit card, or credit line, including a home loan involved in an alleged mortgage fraud scheme.
• Fraudulently withdrawing funds from someone’s bank account
• Falsely opening a bank account in someone’s name
• Fraudulently using someone’s online accounts
• Fraudulently filing a tax return in someone’s name to obtain a tax refund
• Fraudulently using another person’s identity to claim unemployment, Social Security, or other government payments, which may also lead to benefits fraud charges
• Fraudulently obtaining a false identification document in someone’s name (e.g., driver’s license, social security card, immigration documents)

There are many reasons people steal others’ identities, and these reasons can influence charges and sentences. Depending on the facts, related charges may include mail or wire fraud, credit card fraud, organized fraud, tax fraud, RICO offenses, or conspiracy. For cases brought under Florida law, see our discussion of Florida conspiracy charges. If not properly defended, these charges can lead to years of imprisonment. If you have been accused of identity theft, an experienced criminal defense lawyer can help you determine your best options.

If the allegations involve unauthorized card use, see our page on credit card fraud charges and defenses.

Penalties for Identity Theft under Florida Law

Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning another person without first obtaining that person’s consent commits the offense of fraudulent use of personal identification information, which is a third-degree felony, punishable by up to five years imprisonment and a $5,000 fine.

Florida Mandatory Minimum Penalties

The dollar thresholds below can be based on the benefit obtained, services received, payment sought to be avoided, or amount of injury or fraud:

• $5,000 or more, or 10–19 victims: Second-degree felony, ordinarily punishable by up to 15 years in prison, with a three-year mandatory minimum.
• $50,000 or more, or 20–29 victims: First-degree felony, ordinarily punishable by up to 30 years in prison, with a five-year mandatory minimum.
• $100,000 or more, or 30 or more victims: First-degree felony, ordinarily punishable by up to 30 years in prison, with a ten-year mandatory minimum.

When more than one threshold applies, the higher penalty tier controls. The standard maximum fine for a first- or second-degree felony is $10,000. Florida law also permits a higher fine based on twice the financial gain or victim’s loss.

Federal Identity Theft Penalties

Federal penalties under section 1028 depend on the offense and the facts. Statutory maximum prison terms range from one year for certain offenses to 30 years for offenses committed to facilitate terrorism. These are maximum terms, not mandatory minimum sentences.

A conviction for aggravated identity theft under 18 U.S.C. §1028A(a)(1) carries a mandatory two-year prison term in addition to the sentence for the underlying felony. That term must run consecutively to imprisonment for other crimes. However, when the court sentences a defendant for multiple section 1028A convictions at the same time, it may allow those identity-theft terms to run concurrently, in whole or in part, consistent with applicable sentencing guidelines and policy statements. Five counts therefore do not automatically require ten additional years.

In Dubin v. United States, the Supreme Court held that using another person’s identifying information must be central to what makes the underlying conduct criminal. Merely including someone’s name in a fraudulent bill does not automatically establish aggravated identity theft.

Contact an Experienced Miami Identity Theft Attorney

By taking the immediate action of hiring an experienced Miami identity theft attorney to defend yourself, you are minimizing the chances that your criminal case will have lasting consequences for your career, personal life, and reputation.

Over the years, we have represented hundreds of clients in a wide range of cases. There is a good chance we have handled your type of case and represented clients with similar needs and concerns to yours. Browse our criminal defense case results for examples of cases our firm has handled.

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