In Florida, the statute of limitations for an identity theft case stands at three years. If it is charged at federal level, however, this can be extended. Additionally, this can be tolled if the offender is out of state.
Florida law indicates that any unlawful behavior is punishable by jail time and fines, including using personal identification information of another person. This crime is known to most as identity theft, and has become too well-known in most recent years. It is a felony crime in the state of Florida.
Your criminal defense attorney can contact the alleged victim who accused you of a crime even if there is a no-contact order put in place by the judge. By doing so, your criminal defense attorney acts as your investigator.
What are the Penalties for Federal Identity Theft? The maximum penalty for identity theft is usually 15 years in federal prison, in addition to fines and criminal forfeiture.
Complaint information is entered into a central database, the Consumer Sentinel, which is accessed by many local and state law enforcement agencies in Florida, as well as Florida's Attorney General, for identity theft investigation. Call the toll- free hotline at 1-877-IDTHEFT.
The state shall file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which defendants are arrested or from the date of the service of capiases upon them.
In Florida, a charging document is called an "Information". If an Information is filed with the clerk of court, the case is set for an arraignment. If the prosecutor decides not to pursue formal charges, he or she files what is called a "No Information" or a "Letter of Release" and prosecution is terminated.
Florida's Criminal Statutes of LimitationsCriminal OffenseTime LimitCapital or life felonies (and perjury related to such a felony)NoneOther first degree feloniesWithin four years of when the crime was committedSecond and third degree feloniesWithin three years of when the crime was committed3 more rows•May 26, 2017
Identity theft is any misuse of another person’s identifying information, including both personal and financial. This can include everything from using stolen credit card or debit card information to using an individual’s Social Security numbers to access federal benefits or open new financial accounts.
Because of recent federal laws, these actions have serious, far-reaching penalties. In 1998, Congress passed the Identity Theft and Assumption Deference Act, which made identity theft a federal crime.
Stechschulte Nell has extensive experience assisting individuals facing identity theft charges. In these cases, our criminal defense firm will:
All criminal charges need aggressive representation, but the far-reaching implications and minimum two-year sentence attached to identity theft charges are even more serious.
Identity theft can be a white collar crime and/or an internet crime. It is both a violation of state law as well as a federal offense, which means that if you are charged with identity theft, you can be tried in state court and federal court.
Under Florida statute, identity theft is also known as the criminal use of personal identification information. Personal identification information can be any of the following:
Florida law classifies a number of different types of identity theft, including:
Under the law, identity theft alone is often considered just a first degree misdemeanor; however, depending on the means used to obtain the information and actions taken, you could also be facing a first degree felony .
Many of these cases are prosecuted under Florida Statute §817.568 which prohibits identity theft through the criminal use of another person’s personal identification information.
Under Florida Statute § 817.60 [6]), it is a crime to act with the intent to defraud a purported issuer or a person or organization providing money, goods, services, or anything of value; or any other person; by falsely making, embossing, or altering in any manner a credit card or uttering such a credit card or who, with intent to defraud, has a counterfeit credit card or any invoice, voucher, sales draft, or other representation or manifestation of a counterfeit credit card in his/her possession, custody or control .
Under Florida Statute § 832.05 [3], the crime depositing worthless items with the intent to de fraud involves depositing counterfeit, stolen or other worthless checks for the purpose of fraudulently increasing the dollar amount posted to the account. The individual then removes the monies before the financial institution discovers the checks are fraudulent.
Under Florida Statute § 831.28, the crime of counterfeit payment instruments involves the possession of a counterfeit payment instrument which is used to counterfeit a payment instrument with the intent to defraud a financial institution, account holder, any person or organization. Payment instruments can include forged checks, counterfeit bills, deeds, money orders, traveler’s checks, credit cards and debit cards.
Under Florida Statute § 831.01, the crime of forgery involve falsely making or counterfeiting, alterning or forging an official public record, document or payment instrument, with intent to injure or to defraud another.
Under Florida § 831.02 or 831.09, the crime of uttering a forged instrument involves passing and/or presenting of an official document or payment instrument which is counterfeit, having been altered or having a signature that has been forged, in the attempt or actual receipt of money, merchandise or services.
Under Florida Statute § 812.081, it is a crime for any person who, with intent to deprive or withhold from the owner thereof the control of a trade secret or with intent to appropriate to his/her own use or the use of another, steals an article representing a trade secret, or without authority makes a copy.
According to Florida Statutes 812.014, theft is defined as an act of knowingly obtaining or using another person’s property or denying them access to their belongings. If convicted of a theft crime, you can face lengthy jail time, probation, expensive fines, and stigma that can limit your job options. Therefore, it is important to hire a qualified criminal defense attorney to aggressively defend your rights.
In Florida, this is the most serious level of theft crimes. It is committed when the property that was stolen is valued at more than $100,000. Such crimes can carry a fine not exceeding $10,000 and a prison sentence not exceeding 30 years.
If you have been charged with a theft crime, you face lengthy imprisonment, heavy fines, and the charge may go into your permanent record. To ensure you get the best possible outcome, contact us today.
A theft crime is a third-degree felony if the property taken was valued between $750 and $19,999. This may also include theft of a motor vehicle, firearms, or other specified property. The penalties for such crimes can include a fine not exceeding $5,000 and a prison sentence not exceeding five years.
When the value of the stolen property is between $300 and $749, it is punishable as a first-degree misdemeanor. The punishment may include a fine of no more than $1,000 and a jail time of not more than one year.
Second-degree petit theft is the lowest level of theft crimes. If the stolen property is worth less than $100, the offense is considered a misdemeanor of the second degree. The penalties for such a crime can include a fine not exceeding $500 and jail time of not more than 60 days.
Theft crimes are considered second-degree felonies if the property stolen is between $20,000 and $100,000. This can also include interstate or intrastate cargo or law enforcement equipment. Such crimes can result in a fine of no more than $10,000 and a prison sentence not exceeding 15 years.