Aggravated Identity Theft Lawyer in Miami, FL Eager to Help You With Your Case
Identity theft is the fraudulent acquisition and use of a person’s private identifying information, usually for financial gain. The definition of aggravated identity theft is the defendant knowingly transferred, possessed, or used another person’s means of identification or identification documents without lawful authority. If you have been charged with aggravated identity theft in Miami, Florida, you should contact our law firm as soon as possible to get the help you need. Contact Piotrowski Law today at 305-204-5000 to set up your free consultation with one of our skilled attorneys.
What Is The Difference Between Identity Theft and Aggravated Identity Theft?
Identity theft is the fraudulent acquisition and use of a person’s private identifying information, usually for financial gain. The definition of aggravated identity theft is the defendant knowingly transferred, possessed, or used another person’s means of identification or identification documents without lawful authority.
The main difference between identity theft and aggravated identity theft is the severity of the charge. Aggravated identity theft is a more severe charge, and can result in harsher penalties if you are convicted. In order to be convicted of identity theft under federal law, the prosecutor must prove that you knowingly stole someone’s identity for the purpose of financial gain. This can include using another person’s name, Social Security number, or other personal information to open a new credit card account, get a loan, or purchase something online.
Aggravated identity theft, on the other hand, is a charge that is brought when the identity theft was done with the intent to commit another crime. This could include using someone’s identity to commit fraud, terrorism, or another serious offense. The criminal use of a specific person’s identifying information can result in a serious conviction, and under federal law, it has serious consequences.
What Are Some Examples of Aggravated Identity Theft?
If you are being charged with fraudulent activity, criminal charges can follow. Stealing a person’s identity can be a second-degree felony or a third-degree felony, depending on the specific crime. State Law is put in place to have consumer protection and stop unauthorized use of another person’s property. In this day and age, technology can make someone’s personal identification more accessible and easier, and faster to obtain. Some examples of aggravated identity theft include:
- Using a person’s driver’s license to purchase a gun
- The false representation of citizenship
- Using someone’s identity to get government benefits or social security payments
- Using someone’s identity to commit a federal crime, such as fraud or embezzlement
- Using someone’s identity in connection with terrorism or another national security offense
- Bringing a false identification document to a bank employee to make account adjustments and knowingly transferring funds
- Using a deceased person’s information
- Using someone’s identity to commit fraud
- Theft of rewards, property, or public money
- Committing identity theft to steal employee benefits: 401k, health insurance, or any other possible benefits.
- Stealing a person’s identification to commit credit card fraud-Making false statements to obtain unemployment benefits
- Possession, sale, or manufacture of a counterfeit seal or other official documents
If you are being investigated or charged with aggravated identity theft, it is important to speak with an experienced criminal defense lawyer and seek legal representation. The lawyers at Piotrowski Law are experienced in defending clients against aggravated identity theft charges and are eager to help you protect your rights. Contact us to start your attorney-client relationship.
What Is The Possible Sentencing For Aggravated Identity Theft?
If you are convicted of aggravated identity theft, you may face both state and federal penalties. Aggravated identity theft in Florida can be considered a felony by the state. If you’re convicted of a third-degree felony, it is punishable by up to five years in prison and can carry a $5000 fine. A second-degree felony conviction can cause you to face up to 15 years in prison, and you could also be fined up to $10,000. A first-degree felony charge can be up to 30 years in prison with the possibility of up to $10,000 in fines. The level of the felony is determined by the details of the case, such as the amount of money involved and the number of people defrauded.
If you are also convicted of aggravated identity theft under federal law, a mandatory 2-year sentence will be added to the state sentence, to be served consecutively. In other words, if you get a state sentence of 3 years in prison and are also convicted under federal law, a mandatory 2 years will be added to your sentence, making the total 5 years in prison.
Additionally, you may be ordered to pay restitution to the victim. It is important to note that the penalties for aggravated identity theft will vary depending on the severity of the crime and other factors such as your criminal history.
If you are convicted of a less serious identity theft charge, you may not face any jail time. However, you could still be fined and ordered to pay restitution. It is important to consult with an attorney if you are facing identity theft charges so that you can understand the potential penalties you may face. Making sure you have an experienced attorney in aggravated identity theft can ensure your best possible outcome.
How Can an Aggravated Identity Theft Attorney Help Me?
If you have been accused of aggravated identity theft, it is important to seek legal counsel as soon as possible. An experienced attorney can help you understand your rights and options and work to get the best possible outcome for your case. An identity theft lawyer can help create reasonable doubt. Having a lawyer means they can do all of the research, gather all of the needed information, submit all necessary paperwork, set up the case, and try to make it as least stressful as possible for you.
The attorney-client relationship is very important during a case and is one way for you to feel comfortable with your lawyer and get all of your questions answered or explained. Making sure that you trust your attorney is a great way to start! The lawyers at Piotrowski Law are experienced in defending against aggravated identity theft charges and are ready to fight for you. Contact Piotrowski Law today at 305-204-5000 to set up your free consultation with one of our skilled attorneys.