Identity Theft

Overview

Identity theft involves the unlawful use of another person's identifying information to obtain benefits, commit fraud, or avoid detection. Florida and federal law impose significant penalties. Credit card fraud, tax fraud, and medical identity theft are common variants.

Identity theft is prosecuted under Florida and federal law. Credit card fraud, tax fraud, and medical identity theft are common variants. A Miami credit card fraud lawyer or federal defense attorney can help. Contact our office for a free consultation.

Penalties for Identity Theft

Identity theft in Florida can be a third-degree felony (up to 5 years) or higher depending on the amount of loss or number of victims. Federal identity theft under 18 U.S.C. § 1028 carries up to 15 or 20 years. Restitution to victims is typically ordered. In Miami, these cases are often prosecuted federally. A Miami credit card fraud lawyer or federal criminal defense lawyer can explain exposure.

Possible Defenses

Defenses may include lack of intent to defraud, mistaken identity, insufficient evidence linking the defendant to the fraudulent use, or challenging the calculation of loss. Identity theft cases often involve complex electronic and documentary evidence—counsel experienced in these matters can identify weaknesses in the prosecution's case.

What the Prosecution Must Prove

The prosecution must prove beyond a reasonable doubt that you knowingly used or possessed another person's identifying information with intent to defraud or commit unlawful activity. The connection between the defendant and the fraudulent transactions is often contested.

Why Early Counsel Matters

Identity theft investigations often involve subpoenas, search warrants, and financial records. Early representation can help protect your rights during an investigation and position the case before charges are filed. Federal cases require counsel familiar with federal procedure and sentencing.

What This May Involve

Charges related to identity theft can involve various legal processes and procedures. These matters may include:

• Investigation by law enforcement agencies
• Review of evidence and documentation
• Legal proceedings in federal or state court
• Potential consequences that may vary based on specific circumstances
• Complex legal procedures and requirements

When to Speak With a Lawyer

If you are facing charges related to identity theft, or if you believe you may be under investigation for such charges, it is important to consult with an attorney as soon as possible. Early legal representation can be important for understanding your rights, the charges you may face, and the legal process ahead.

An attorney can help you understand the specific laws and procedures that apply to your situation, advise you on how to respond to law enforcement inquiries, and work to protect your rights throughout the process.

The Law Offices of Paul D. Petruzzi, P.A. represent clients in federal and state criminal matters in Miami, Miami-Dade, Broward, and nationwide. If you face identity theft charges in South Florida, a Miami criminal defense lawyer who handles these matters can help. We also have dedicated pages for Miami credit card fraud lawyer and Miami federal criminal defense lawyer in Miami-Dade and surrounding areas.

We handle investigations, bond hearings, trials, appeals, and post-conviction relief. For a free consultation, contact our office or call us. See our criminal defense and case results pages for more information.