Charged With Identity Theft in Florida? Here’s What You Need To Know

Facing an identity theft charge can feel overwhelming, but you don’t have to handle it alone. Florida treats identity theft very seriously, and a conviction can lead to harsh consequences, including steep fines, probation, or even prison. However, it is crucial to keep in mind that being accused doesn’t mean you’re automatically guilty. The prosecution has to prove every single element of the charge beyond a reasonable doubt.

If you’re dealing with these charges, it’s crucial to understand how Florida law defines identity theft, what penalties you could face, and the defenses that might apply to your case.

How Does Florida Define Identity Theft?

In Florida, identity theft is referred to as the criminal use of personal identification information. Personal identification information can include details such as someone’s name, Social Security number, driver’s license number, bank account information, credit card number, medical records, biometric data, or other information that can identify a person or provide access to their financial resources.

Under Florida Statutes § 817.568, a person may be charged with identity theft if they willfully and without authorization fraudulently use, or possess with the intent to fraudulently use, another person’s identifying information without that person’s consent.

For prosecutors, this means it’s not enough to show the defendant simply had someone else’s information. They need to prove that you obtained, used, or intended to use the information without authorization to commit fraud.

What Are the Penalties for Identity Theft in Florida?

The consequences depend on the circumstances of the alleged offense, including the extent of financial harm and the number of victims.

Most cases are considered third-degree felonies, but if the fraud involved $5,000 or more or the information of 10 or more people, the charge can be increased to a second-degree felony. More serious cases may result in first-degree felony charges. For example, Florida law provides enhanced penalties when the alleged fraud involves $50,000 or more or the personal information of 20 or more individuals.

Is It Illegal To Possess Someone’s Personal Information?

Even if you haven’t used someone’s personal information, just possessing it without permission can still land you in trouble (Florida Statutes § 817.5685). Possession involving four or fewer people can be charged as a first-degree misdemeanor. If you have information from five or more people, you could be charged with a third-degree felony.

There are exceptions, though. Lawful possession by parents, guardians, government workers, or businesses that handle information as part of their normal job may not violate the law.

What Defenses Can You Use?

Every identity theft case is different, and the right defense depends on the facts of the case. Possible defenses may include showing you had permission or that there was no intent to commit fraud. Or maybe the evidence isn’t sufficient to prove you committed any crime.

Florida also allows an “affirmative defense” if you honestly believed you were allowed to possess the information or got it from a publicly available source.

Identity theft cases can get complicated quite fast. They often involve digital records, money trails, and in-depth investigations, so working with a defense attorney is crucial.

Contact an Orlando Identity Theft Lawyer

Identity theft accusations can threaten your reputation, freedom, and future. If you’re facing such charges, a skilled Orlando identity theft lawyer at Joshi Law Firm P.A. can walk you through your options, explain your rights, and work on a defense that fits your unique situation. Contact us today to schedule a consultation and discuss your case.