If a person in Largo fraudulently uses someone else’s personal identification information without their consent, they could be charged with a first, second, or third-degree felony crime, depending on the circumstances surrounding the act. When rereferring to personal identification, it can mean a number of different things, including but not limited to:
- A person’s name
- Social security number
- Date of birth
- Driver’s license number
- Alien registration number
- Bank account number
- Credit or debit card information
- Employer or taxpayer identification number
Classifications of Identity Theft Crimes
- Fraudulent Use of Personal Identification Information (A Third-Degree Felony)
According to Florida Statute §817.568(2)(a), when a person “willfully and without authorization uses, or possesses with intent to fraudulently use, personal identification information concerning another person without first obtaining that person’s consent,” he/she shall be guilty of committing the offense of fraudulent use of personal identification information. The State classifies this as a third-degree felony when the amount obtained was less than $5,000 or information for less than 10 people was fraudulently used.
Felony crimes of the third degree carry various penalties including a prison sentence of up to five years [Source: Florida Statute 775.082].
- Second-Degree Felony Crime
If an individual fraudulently uses someone else’s information without first obtaining their consent, they shall be charged with a second-degree felony if the amount they obtained was between $5,000 and $50,000, or the number of people affected was 10 or more, but fewer than 20. Someone who is charged with a felony of the second degree in Largo, FL could be facing a jail sentence of up to 15 years.
- First-Degree Felony Crime
When a person’s personal identification information was used fraudulently by another, the individual accused of the crime shall be charged with a first-degree felony if the amount obtained was between $50,000 and $100,000, or the number of individuals who were affected was 20 or more, or fewer than 30. If an individual is charged with a first-degree felony crime, they could potentially face a jail term of up to 30 years.
What to do after being charged with identity theft in Largo, FL?
If someone has been charged with a first, second, or third-degree felony because he/she was accused of fraudulently using someone else’s personal information, they should contact Trevena, Pontrello & Associates for legal advice. The Largo, FL criminal defense lawyers at Trevena, Pontrello & Associates can help an individual understand the charges that were brought against them and what they can do if they believe their rights were violated during their arrest. Although it can be scary and stressful for a person to have criminal charges filed against them, they don’t have to handle the situation on their own as the criminal defense lawyers at Trevena, Pontrello & Associates are more than qualified to help.
Trevena, Pontrello & Associates is located at:
801 W Bay Drive, Suite 509
Largo, FL 33770