Identity Theft

With the proliferation of identity theft complaints, Florida has imposed some of the strictest sentences for individuals convicted of committing identity theft.  

Any person who willfully and without authorization fraudulently uses or possesses with intent to fraudulently use personal identification information concerning an individual without first obtaining that individual's consent commits the offense of fraudulent use of personal identification information, which is a third-degree felony.

Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual without first obtaining that individual's consent commits a felony of the second degree, punishable as provided by up to 15 years in prison if the benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $5,000 or more, or if the person fraudulently uses the personal identification information of 10 or more individuals but fewer than 20 individuals without their consent.  The court must sentence any person convicted of committing the offense described to a mandatory minimum sentence of three-year imprisonment.

If the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $50,000 or more or if the person fraudulently uses the personal identification information of 20 or more individuals but fewer than 30 individuals without their consent, the person commits a felony of the first degree, punishable by up to 30 years in prison. The court must sentence any person convicted of committing the offense described to a mandatory minimum sentence of five-year imprisonment. Additionally, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $100,000 or more, or if the person fraudulently uses the personal identification information of 30 or more individuals without their consent, the court must sentence any person convicted of committing this offense to a mandatory minimum sentence of 10-year imprisonment.

In sentencing a defendant convicted of identity theft, the court may order that the defendant make restitution to any victim of the offense. In addition to the victim's out-of-pocket costs, such restitution may include payment of any other costs, including attorney's fees incurred by the victim in clearing the victim's credit history or credit rating or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as the result of the actions of the defendant.  

The law provides a broad definition for "personal identification information." personal identification information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any: (1) name, postal, or electronic mail address, telephone number, Social Security number, date of birth, mother's maiden name, official state-issued or United States-issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, Medicaid or food stamp account number, bank account number, credit or debit card number, or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized electronic use of such card; (2) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; (3) unique electronic identification number, address, or routing code; (4) medical records; (5) telecommunication identifying information or access device; or (6) other number or information that can be used to access a person's financial resources.

As a prosecutor in the economic crimes unit, Erick Cruz was responsible for the prosecution of identity theft crimes.  During his time as a prosecutor Erick Cruz was trained on the law related to ID theft and learned the different investigative techniques used by police to gather evidence.  With this experience, Erick has successfully defended clients accused of identity theft in various degrees.  Oftentimes, through persuasion, diligent investigation and skillful defense, he has obtained dismissal of identity theft cases, reduced charges and reduced sentences.  Also, with Erick’s advice and counsel, he can preserve your ability to seal and expunge your case.    

Call Erick to discuss your case with him and find out how to get your identity theft case dismissed or charges and sentence reduced and arrest record sealed or expunged.