If you have been charged with criminal use of personal identification information in Florida then you may have a defense. Authorization is a defense that is oftentimes successful when fighting criminal use of personal ID Info cases. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about the authorization defense or how to beat your criminal use of personal ID Info case in Florida, contact Matthew Williams now for a free consultation.
In Florida, criminal use of personal ID Info is defined under Florida Statute 817.568. A person commits criminal use of personal identification information when they fraudulently use, or possess with intent to fraudulently use, the personal identification information of another person without first obtaining that person’s consent.
Personal identification information is defined as any name or number that may be used, alone or in conjunction with any other information, to identify a specific person.
Examples of such information include:
- Name, postal or electronic mail address, telephone number, social security number, date of birth, mother maiden name, official government-issued identification or identification number, credit or debit card number, or personal identification number or a debit card PIN;
- Unique biometric data, such as fingerprint, voiceprints, retina or iris image, or other unique physical representation;
- Unique electronic identification number, address, or routing code;
- Medical records;
- Telecommunication identifying information or access device; or
- Other number or information that can be used to access a person’s financial resources.
The penalty level associated with criminal use of personal identification information is based on the pecuniary benefit from the fraud and the number of fraud victims for that particular charge.
Criminal use of personal identification information is a third-degree felony, meaning it is punishable by up to five years in prison, or up to five years of probation, and/ or a fine of up to $5,000 (you can also get a jail or prison sentence followed by probation, but the total length of the punishment cannot exceed five years) if the pecuniary benefit of the fraud is less than $5,000 or there are 10 or fewer victims of the fraud.
Criminal use of personal identification information is a second-degree felony, meaning it is punishable by up to 15 years in prison, or up to 15 years of probation, and/ or a fine of up to $10,000 (you can also get a jail or prison sentence followed by probation, but the total length of the punishment cannot exceed 15 years) if the pecuniary benefit of the fraud is more than $5,000 or tif here are 10 or more victims but fewer than 20 victims of the fraud. *There is also a three-year mandatory prison sentence that MUST be imposed in any case where someone is convicted of criminal use of personal identification information and the pecuniary benefit is more than $5,000 or there are more than 10 but fewer than 20 victims.*
Criminal use of personal identification information is a first-degree felony, meaning it is punishable by up to 30 years in prison, or up to 30 years of probation, and/ or a fine of up to $15,000 (you can also get a jail or prison sentence followed by probation, but the total length of the punishment cannot exceed 30 years) if the pecuniary benefit of the fraud is less than $50,000 or there are more than 20 but fewer than 30 victims of the fraud. *There is also a five-year mandatory prison sentence that MUST be imposed in any case where someone is convicted of criminal use of personal identification information and the pecuniary benefit is more than $50,000 or there are more than 20 but fewer than 30 victims.* In addition, there is a ten-year mandatory prison sentence that MUST be imposed in any case where someone is convicted of criminal use of personal identification information and the pecuniary benefit is more than $100,000 or there are more than 30 victims.*
Criminal convictions, especially convictions for fraud-related charges, carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with criminal use of personal ID Info in Florida and they need effective representation, then contact Matthew Williams now for a free consultation.