Fort Lauderdale Identity Theft Attorney

Lawyer Defending Against Charges of Identity Theft or Fraud in Fort Lauderdale, FL

There are numerous reasons why a person could be charged with identity theft, ranging from accusations of being involved in a large-scale scheme to steal information from multiple people to a single instance of using someone else's credit card without authorization. Charges of identity theft can have serious legal consequences. In some cases, it may be tied to other criminal allegations, such as credit card fraud, forgery, or computer crimes. Prosecutors may take steps to demonstrate a pattern of deception or financial gain, and a conviction can lead to years in prison, steep fines, and a permanent felony record.

At The Hoffman Firm, our attorney provides skilled legal representation for people in Fort Lauderdale who are facing identity theft charges and other white collar crimes. With a detailed, proactive approach, he defends against these allegations by examining the facts, challenging the prosecution's assumptions, and working to resolve the case without a conviction whenever possible.

How Identity Theft Is Defined Under Florida Law

Identity theft may involve the fraudulent use of another person's personal identifying information without their consent. Personal identifying information includes a broad range of data that can be used to impersonate someone or commit fraud. Examples include:

• Social Security numbers
• Bank account or credit card numbers
• Driver's license or passport numbers
• Email logins and passwords or online account credentials
• Medical records or insurance policy information
• Dates of birth
• Biometric data like fingerprints, voice prints, or retina scans

The possession of another person's identifying information with the intent to use the information for unlawful gain may also result in identity theft charges.

Examples of Identity Theft

A person could be accused of identity theft in a wide variety of situations. In some cases, a misunderstanding or false accusation could lead to an arrest. Scenarios that may lead to these charges include:

• Using someone else's personal information to apply for a loan, credit card, or benefits
• Accessing another person's financial records or online accounts without permission
• Filing fraudulent tax returns using someone else's identity
• Using forged documents or credentials to obtain employment or housing
• Participating in phishing schemes or data breaches in order to access other people's identifying information
• Possessing fake IDs or financial cards with other people's identifying information

Because identity theft cases often involve digital communications and financial records, investigations may be complex, and they may involve multiple law enforcement agencies. Investigators may monitor a person's online activities or financial transactions to determine whether they have fraudulently used someone else's personal identifying information.

Penalties for Identity Theft in Florida

The penalties that a person may face if they are convicted of identity theft may depend on the value of the property that was allegedly obtained. In general, Identity theft is classified as a third-degree felony, with a potential prison sentence lasting for up to five years. If a person's actions resulted in at least $5,000 of financial gain, or if between 10 and 20 people were affected, second-degree felony charges may apply. In these cases, a mandatory minimum sentence of three years will apply, and the maximum sentence is 15 years.

In cases involving more than $50,000 or between 20 and 30 people who were affected, a person may be charged with a first-degree felony. The mandatory minimum sentence will be five years, and the maximum sentence is 30 years. In cases involving more than $100,000 and 30 or more alleged victims, the mandatory minimum sentence is 10 years.

Related Charges That May Be Filed Alongside Identity Theft

There are multiple other types of offenses that may apply when prosecutors believe that a person engaged in a broader scheme to obtain money or property through deception. Related charges may include:

• Credit card fraud
• Computer fraud
• Forgery
• Organized fraud
• Grand theft

Each additional charge may increase the severity of the case and the potential penalties for a conviction. Because of these consequences, it is essential to work with a defense attorney who can address the complex legal and financial issues involved in a case.

Defense Against Identity Theft Charges

Our lawyer can provide a strong defense against identity theft and fraud charges by developing a detailed understanding of the allegations and the evidence being presented. These cases often involve large volumes of electronic records, witness statements, and financial data. We will conduct a thorough analysis to identify weaknesses in the prosecution's case and determine the best defense strategy, which may include factors such as:

• Lack of Intent: Our attorney may argue that the defendant had no intent to defraud someone or was unaware that the information they used belonged to another person.
• Consent or Authorization: In some cases, a person may have had permission to use someone else's information, such as a family member or business associate. By demonstrating prior consent, our lawyer may argue for the dismissal of charges.
• Insufficient Evidence: Our attorney may challenge whether the prosecution can directly connect the accused to the use of stolen information.
• Unlawful Search or Seizure: If police officers seized computers, phones, or documents without a valid warrant or in violation of a person's constitutional protections, our lawyer may move to suppress the evidence, weakening the case against the defendant.
• Misidentification or False Allegations: A defendant may have been wrongly identified as the person who committed an identity theft offense. This may be the result of mistaken identity, stolen devices, or false claims made by others.

Contact Our Fort Lauderdale, Florida Identity Theft Defense Lawyer

When you need to respond to accusations of identity theft or related fraud crimes, the lawyer at The Hoffman Firm can provide skilled legal representation, working to help you avoid a conviction. Contact our Fort Lauderdale identity theft defense attorney at 954-524-4474 to arrange a free consultation.