Identity Theft Lawyer in Orlando, FL

Identity theft is no joke – everyone has heard those stories about someone getting a bill for thousands of dollars worth of purchases on a credit card they didn’t even know existed. With counts of identity theft reaching epidemic proportions across the entire United States, both state and federal authorities have cracked down on their attempts to apprehend potential identity thieves. If you’ve been charged with identity theft, contact experienced defense attorney Will Hanlon at Hanlon Law in Orlando today to schedule a free consultation.

What is Identity Theft?

Identity theft is exactly what it says on the tin: stealing someone else’s identity. It’s a crime under both federal and state law, and if accused, you could be charged under either, or even both. 

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

Such personal information could include, but is not limited to:

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

This is most commonly done with a financial or monetary gain in mind, such as using a credit card in someone else’s name to purchase items you otherwise couldn’t afford. More recently, there has been a rise in people using someone else’s Social Security Number to file false tax returns and receive fraudulent tax refunds.

It’s important to note that, as with all forms of fraud, the statute explicitly requires the use and/or possession with intent to use to be “willful.” This means you must have intended to commit fraud in order for the crime to be considered fraud; that is, you must have acted with the conscious purpose of fraudulently using another person’s information to obtain property that does not belong to you.

What are the Legal Consequences of Identity Theft?

Federally speaking, the Identity Theft and Assumption Deterrence Act of 1998 dictates anywhere from 5 to 30 years imprisonment depending on the value of property involved and whether or not the defendant has any prior convictions. 

In Florida, general identity theft is considered a third-degree felony, and as such is punishable by up to 5 years in prison (or up to 5 years of probation) and a $5,000 fine.

There are, however, certain aggravating factors that can lead to enhanced sentencing. For example, if the property in question is valued at $5,000 or more, and involves the use of personal information from 10 to 19 individuals, the charge is elevated 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.

Furthermore, if the property in question is valued at $50,000 or more, and involves the use of personal information from 20 to 29 individuals, the charge becomes a first-degree felony. This comes with a minimum 5 years and maximum 30 years imprisonment, and a fine up to $10,000. 

Lastly, if the property in question is valued at $100,00 or more, and involves the use of personal information from 30 or more individuals, the charge also becomes a first-degree felony, this time with a minimum 10 years and maximum 30 years in prison, along with a $10,000 fine.

How to Defend Against Identity Theft Charges

In all fraud cases, the law requires an intent to defraud. The burden of proof then falls on the prosecution to show beyond a reasonable doubt that you not only committed the acts in question, but did so with a conscious effort to commit fraud.

Identity theft is no different, which means most defenses against identity theft charges come down to intent more than anything else. So for example, if you were in possession of someone else’s personal information that could be used fraudulently, but you were unaware you possessed such information, you could have no actual intent to defraud, and the case may be dismissed. 

Another common argument lies in consent. The law describes identity theft as using or possessing with intent to use another person’s personal information without that person’s consent. So, if you can prove that you did in fact have that person’s authorization to use their personal information, the case may be dismissed.

Identity Theft Charge Defense Lawyer in Orlando

Identity theft is a serious crime with serious consequences. If you’ve been charged, it’s vital to seek experienced legal counsel as soon as possible to start working on a defense strategy. At Hanlon Law, Will Hanlon has nearly two decades of experience in the courtroom. Our dedicated team will work tirelessly and advocate aggressively on your behalf to help you secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.

Contact Us

Call Today

407.987.3836

Practice Areas

Child Abuse Lawyer

Student Legal Services

Domestic Violence Charges

Driving on a Suspended License

Drug Crime Lawyer

DUI Attorney

Injunction

Leaving the Scene of an Accident

Probation Violation

Reckless Driving

Sex Crime Lawyer

Theft Charges

Violent Crime Lawyer

White Collar Crime

• Fraud Schemes
• Identity Theft Charges