Criminal Defense In Miami
Available 24/7 305.770.6550
Dedicated Criminal Defense Get the help you need to stand firm against identity theft charges

Miami Identity Theft Attorney

Fighting Felony Offenses in Florida

Identity theft is a felony offense under both Florida and Federal Law. Essentially, identity theft means stealing, obtaining, or using without authorization, the identity of another person for theft or fraud in order to gain some monetary or other pecuniary interest. As such, Florida and Federal laws have been established to address this offense and impose serious punishments upon conviction. For instance, Florida has established mandatory minimum sentences when there is a certain amount of victims, or if the monetary interest gained through the course of the identity theft is over a certain amount.​​​​

The internet has resulted in a massive increase in the availability, accessibility and volume of stolen identities of others for use to access and illegally obtain credit, services, or property. As such, laws have been established under Florida and Federal law to deal harshly with this offense.

Federal law prohibiting identity theft is also violated when a government document is involved such as a driver’s license, social security card, or birth certificate. Florida law applies to all of the aforementioned offenses, and any other form of identity fraud, or the use of another’s identity in the gain of some form of monetary interest.

Identity Theft & Federal Law

Under Federal law, identity theft occurs when one knowingly commits one of the following:

  • Without lawful authority produces an identification document, authentication feature, or a false identification document;
  • Transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority;
  • Possesses with the intent to use unlawfully or by unlawfully transferring five or more identification documents, authentication features, or false identification documents;
  • Possessing an identification document, authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States;
  • Producing, transferring, or possessing a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used;
  • Possessing an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority;
  • Transferring, possessing, or using, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity;
  • Trafficking in false or actual authentication features for use in false identification documents, document-making implements, or means of identification.

If you are convicted under Federal law, you may be sentenced to imprisonment up to, and not to exceed 30 years per charge. If the offense is “aggravated” identity theft, an additional mandatory term of 2 years imprisonment is also included.

What are the Penalties for Identity Theft?

The penalties for this offense are as follows:

  • Third Degree: Gains a monetary benefit of less than $5,000, or victimizes less than 10 individuals without their consent.
    • Fine not to exceed $5,000
    • Term of imprisonment not to exceed 5 years
  • Second Degree: Gains a monetary benefit gained of over $5,000, but less than $50,000, or victimizes more than 10, but less than 20 individuals without their consent.
    • Fine not to exceed $10,000
    • Term of imprisonment not to exceed to 15 years
    • Prescribes for a mandatory minimum term of imprisonment of no less than 3 years
  • First Degree: Gains a monetary benefit of over $50,000, but less than $100,000, or victimizes more than 20, but less than 30 individuals without their consent.
    • Fine not to exceed $10,000
    • Term of imprisonment not to exceed 30 years
    • Prescribes for a mandatory minimum term of imprisonment of no less than 5 years.
    • If the offender gains a monetary benefit of over $100,000, or victimized more than 30 individuals without their consent, conviction prescribes for a mandatory minimum term of imprisonment of no less than 10 years

Put 25+ Years of Defense on Your Side

Attorney Paul Petruzzi has over 25 years of experience defending identity theft cases. He has represented many clients charged with, or under investigation for, identity theft offenses. It is important to hire an experienced attorney when faced with this type of fraud charge.

Attorney Paul Petruzzi’s knowledge and expertise in this field of law is a vital asset to anyone charged with these crimes. Call today for a free consultation.

Take Your First Step

Contact Us For A Free Consultation
    • Please enter your name.
    • This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.