Identity theft has been a growing concern in the state of Florida. In 2017, the Federal Trade Commission (FTC) estimated 6,701 identity theft reports while in 2020, the state saw that number increase to 26,479. Although identity theft is considered a non-violent offense, it is a serious crime with harsh penalties.
If you have been arrested for any type of identity theft, regardless of how minor your situation may seem, it is imperative that you consult with an experienced and aggressive Brooksville identity theft attorney right away. Without a qualified lawyer, your future, freedom, career, and even your reputation, remain at risk. Allow The Law Office of Ashley Aulls, P.A. to be your best resource during this difficult time.
Identity Theft Defense Attorney in Brooksville, FL
If you have been charged with identity theft, contact The Law Office of Ashley Aulls, P.A.. The Law Office of Ashley Aulls, P.A. has extensive experience defending clients against white collar crimes. White collar crimes such as identity theft are taken very seriously by state prosecutors, so a conviction can carry severe penalties. Your future is important and identity theft lawyer Ashley Aulls at The Law Office of Ashley Aulls, P.A. can help you protect it.
It is crucial to have an experienced criminal defense attorney on your side as soon as possible. To secure your freedom and have Aulls craft an aggressive defense strategy, call (352) 593-4115 today. The Law Office of Ashley Aulls, P.A. has an office in Brooksville, Florida, but accepts clients throughout the Fifth Judicial Circuit including Sumter County, and Citrus County.
- What is Identity Theft?
- Driver License Fraud in Florida
- Defenses to Identity Theft Charges
- Additional Resources for Identity Theft
Under state law, identity theft is a white-collar crime charged under Florida Statute 817.568. According to the statutes, an individual can be charged with identity theft if he or she, without authorization, fraudulently uses or possesses personal identification information concerning another person without obtaining their consent first. Personal identification includes any name or number to identity a specific person alongside:
- Postal or electronic mail address
- Telephone number
- Social security number
- Date of birth
- Driver’s license or identification number
- Alien registration number
- Passport number
- Employer number
- Medicaid or food assistance account number
- Mother’s maiden name
- Bank account number
- Credit or debit card number
- Personal identification number or code assigned to the debit card holder
The sentence a defendant can receive for an identity theft conviction depends on several circumstances. Under Florida Statutes 817.5685, a defendant can face a first-degree misdemeanor if he or she possesses the personal identification of up to 4 people. A first-degree misdemeanor in Florida is punishable by up to one year in jail and up to $1,000 in fines.
If a defendant possesses the personal identification information of five or more people, he or she commits a third-degree felony, punishable by up 5 years in prison and up to $5,000 in fines.
However, under Florida Statute 817.568, the following circumstances may lead to harsher penalties:
- If the defendant acquired $5,000 or more in identity theft/fraud or fraudulently used the personal identification of 10-19 individuals, the charge is escalated to a second-degree felony, punishable by up 15 years in prison and up to $10,000 in fines. A person convicted of this offense will also face a 3-year mandatory prison sentence.
- If the defendant acquired $50,000 or more in identity theft/fraud or fraudulently used the personal identification of 20-29 individuals, the charge is escalated to a first-degree felony, punishable by up 30 years in prison and up to $10,000 in fines. A person convicted of this offense will also face a 5-year mandatory prison sentence.
Fraud involving driver’s license is also common in the state of Florida. According to Florida Statutes 322.212, it is unlawful for an individual to use a false or fictitious name in any application for a driver license or identification card. It also illegal to knowingly make a false statement, conceal material fact, or commit a fraud in any application.
Any person who violates this statute is guilty of a third-degree felony, which is punishable by up to 5 years in prison and up to $500 in fines. If someone has been arrested for driver license fraud, they should secure the legal representation of a skilled criminal defense attorney immediately if they wish to pursue reduced or dismissed charges.
There are several defense strategies that criminal defense attorney Ashley Aulls at The Law Office of Ashley Aulls, P.A. can use to protect clients from a conviction and the resulting criminal penalties. Some of the most common defenses applicable to this charge and may apply in certain cases include, but are not limited to:
- No Intent: The state of Florida is required to prove that the defendant “willfully” or in other words, intentionally or purposely, used the victim’s personal identification information. If the defendant possessed or utilized the victim’s personal identification number by mistake or unintentionally, this may be a valid legal defense.
- Consent: The state of Florida is required to prove that the defendant did not obtain the consent of the victim to possess or use their personal identification information. If he or she can prove the owner of the “victim” gave consent, then the prosecution will be forced to reduce or drop the charges.
Florida Attorney General: Preventing Identity Theft – Follow the link provided to visit the official website for the Florida Attorney General and learn about preventing identity theft. Access the page to view tips on how to prevent identity theft on the Internet, mail, daily activities, and personal financial matters.
FLHSMV: Identity Theft – Click the link to visit the official website for the Florida Department of Highway Safety & Motor Vehicles (FLHSMV). The page defines what is driver license fraud and how to protect yourself from identity theft. The website also offers important links and contacts related to identity theft.
Identity Theft Hernando County Attorneys, FL
If you have been accused of or charged with identity theft, you should contact an attorney with significant experience in this area of law. At The Law Office of Ashley Aulls, P.A., Hernando County criminal defense lawyer Ashley Aulls has the necessary skills and resources to advocate aggressively for you. He can build a solid legal defense for your case.
An arrest does not mean a conviction. Contact Aulls today to have him review charges and discuss all legal options during a consultation. The Law Office of Ashley Aulls, P.A. accepts clients throughout all over Hernando County and its adjoining counties including Bushnell in Sumter County, Inverness in Citrus County, and Brooksville in Hernando County, Florida.