Identity Theft
Identity theft is when a person intentionally uses another’s personal identification information without authorization or the victim’s consent. An identity theft offense is considered an economic crime or “white-collar crime.”
Economic crimes have become more common with the development of the Internet. Fraudulent crime has risen through the usage of online transactions, digital wallet services, and other digital transaction methods. Identity theft is a serious offense under Florida law, and carries heavy penalties.
Any person, who has been charged with identity theft, should seek legal representation immediately.
Fort Pierce Attorneys for Identity Theft in Florida
Identity theft is an umbrella term for multiple offenses. Depending on the circumstances, you may be facing misdemeanor or felony charges. The penalties for both of these can result in steep fines and possible incarceration. It is important hat you take action now. Contact an attorney at Meltzer & Bell today.
The attorneys at Meltzer & Bell have handled numerous identity theft crimes in Florida’s criminal courts. These crimes take a lot of knowledge of both the law and the different types of fraudulent processes. Do not settle when it comes to gaining skilled legal representation. Get in contact with an attorney at Meltzer & Bell now.
Meltzer & Bell represents clients throughout the Treasure Coast area including Stuart, Fort Pierce, Jupiter Island, Rio, and Port St. Lucie.
Call (772) 291-2534, or simply submit an online contact form today to schedule an free consultation.
Overview for Identity Theft in Florida
Types of Identity Theft in Port St. Lucie, Florida
Florida Statue § 817.568, states that a person is committing identity theft if he or she willfully and without authorization, fraudulently uses or possesses with intent to use, another’s personal identification. Usually this results in the alleged offender obtaining money or property through the victim’s assets.
- Driver’s License or State I.D. Cards
- Florida Statute § 322.212
- It is illegal to knowingly possess or display any counterfeit, stolen, forged, fictitious, or unlawfully issues driver’s licenses or state identification cards.
- Florida Statute § 322.212
- Fraudulent Use of a Credit Card
- Florida Statute § 817.61
- It is illegal to use credit cards, ATM cards, debit cards, or other credit or debit like cards that are stolen, forged, altered, counterfeit, or obtained through fraud.
- Florida Statute § 817.61
- Use of a Deceased Person’s Information
- Florida Statute § 817.568(8)
- It is an unlawful act to willfully and fraudulently use or posses with the intent to use a deceased person’s personal information.
- Florida Statute § 817.568(8)
- Use of a Minor’s Personal Identification
- Florida Statute § 817.568(6)
- It is illegal to willfully and without authorization use personal identification information for an individual who is younger than the age of 18 years old.
- Florida Statute § 817.568(6)
- Use of a Elderly Person’s Identification
- Florida Statute § 817.568(6)
- It is illegal to willfully and without authorization use personal identification information concerning a person over the age of 60 years old.
- Florida Statute § 817.568(6)
- Elderly Exploitation
- Florida Statute § 825.103
- It is unlawful to knowingly obtain or use, or attempt to obtain or use an elderly’s person’s assets or funds with the intent to temporarily or permanently deprive that person of those assets. This includes any one who is in a position of trust, has a business relationship with the victim, or exploits the victim with the knowledge he or she has no ability to consent. An elderly person is defined as a person who is over the age of 60 years old.
- Florida Statute § 825.103
- Obtaining Property by False Representation
- Florida Statute § 817.02
- It is unlawful to impersonate another person to obtain funds, credits, assets, or property.
- Florida Statute § 817.02
Florida Penalties for Identity Theft in Florida
Penalties for identity theft are reliant on who the victim was, or what type of documentation was counterfeit. For a simple identify theft charge, it is a third degree felony according to the Florida Statue § 817.568.
Additionally, any person who uses, possesses, or displays a forged, stolen, fictitious, or counterfeit driver’s license will face a third degree felony.
The penalties for a third degree felony include:
- Up to five years in prison; and
- Possible fine of up to $5,000.
If an individual uses a minor or elderly person’s personal identification, then the crime is considered a second-degree felony. Additionally, if an individual uses a deceased person’s personal information without authorization they will also face a second degree felony.
The penalty for a second degree felony include:
- Up to 15 years in prison; and
- Possible fine of up to $10,000.
Using a fraudulent credit card, debit card, or similar instrument will be charged with a first-degree misdemeanor. However, penalties can be enhanced due to the amount of money or property stolen.
The penalty for a first degree misdemeanor include:
- Up to 12 months in jail; and
- Possible fine of up to $1,000.
Additional Resources
Florida’s Identity Theft Laws – Visit the official website for Florida legislation. Learn more reading fraudulent practices under Florida Chapter 817. The statute details information about specifics, penalties, and other various fraud charges in Florida.
Identity Theft – Visit the official website for Pam Bondi, the current Attorney General for Florida. Gain access to the resource and response center for identity theft. Find more resources for victims of identity theft, what the law considers identity theft, and helpful links from law enforcement and the Federal Trade Commission.
Lawyers for Identity Theft in Port St. Lucie, Florida
If you or someone you know has been charged with identity theft, it is in your best interest to obtain legal representation immediately. Find that trusted representation today with the attorneys at Meltzer & Bell.
Meltzer & Bell is a team of criminal defense attorneys who have a passion for preserving the rights of others. We believe that every person has the right to a fair trial. Our attorneys want to use every resource, legal option, and available route to obtain the best possible results for your case. Do not face this legal process alone. Gain a partner today with an attorney from Meltzer & Bell.
The attorneys at Meltzer & Bell defend those accused of identity theft throughout St. Lucie County and Martin County including Rio, Port St. Lucie, Fort Pierce, and Stuart.
Call us today at (772) 291-2534, or simply submit an online contact form for a free consultation.
This article was the last updated on September 5, 2018.