Identity theft has become one of the fastest-growing crimes in Florida and across the country, and the Bradenton and Sarasota areas are no exception. From stolen credit card numbers to allegations of medical or criminal identity fraud, these charges carry real consequences that can follow you for the rest of your life.
At Van Elswyk Law, we know how overwhelming it feels to face an accusation that threatens both your freedom and your reputation. Prosecutors in Florida, as well as federal authorities, pursue these cases aggressively, which means you need a defense strategy that is just as strong.
Common Types of Identity Theft
Not all identity theft looks the same. The law recognizes several categories, and each can lead to different charges.
- Financial identity theft: The most well-known form, involving the theft of credit cards, bank account access, or Social Security numbers to open new accounts or obtain loans.
- Medical identity theft: Using another person’s information to receive medical care, prescription drugs, or insurance benefits. This can create false medical records and serious complications for the victim.
- Criminal identity theft: Giving someone else’s personal details to law enforcement when arrested or investigated. The result can be false charges appearing on the victim’s record.
Because these forms of theft often involve interstate communication, electronic systems, or federal agencies, cases may be prosecuted under both state and federal law.
Federal and State Identity Theft Charges in Florida
One of the most important distinctions in identity theft cases is whether the charges are brought under Florida law or in federal court. Both systems treat the offense seriously, but the penalties and procedures differ.
Federal Charges
At the federal level, identity theft is often prosecuted under statutes such as the Identity Theft and Assumption Deterrence Act or the Aggravated Identity Theft provisions (18 U.S. Code § 1028A). Federal prosecutors step in when the crime involves interstate activity, federal agencies, or large-scale schemes.
- Penalties may include up to 15 years in prison, significant fines, and restitution to victims.
- Aggravated identity theft carries a mandatory two-year prison sentence, served in addition to any other penalties.
Florida State Charges
Florida has its own identity theft laws under Fla. Stat. § 817.568, which prohibit fraudulent use of personal identification information.
- Penalties depend on the amount of money involved and the number of victims.
- Cases can be charged as misdemeanors or felonies, with prison terms ranging from 1 year to 30 years in the most serious cases.
- Florida law also increases penalties if the victim is elderly, disabled, or a minor.
Defenses Against Identity Theft Charges
Being accused of identity theft does not mean a conviction is certain. A strong defense strategy often focuses on the circumstances of the alleged misuse and whether prosecutors can prove intent. Common defenses include:
- Lack of intent: Prosecutors must show that you knowingly used another person’s identity. If the use was accidental or unauthorized by someone else, charges may not hold.
- Mistaken identity: In some cases, stolen information is traced incorrectly, and innocent individuals are blamed.
- Insufficient evidence: The state or federal government must prove its case beyond a reasonable doubt. Weak or circumstantial evidence can be challenged.
- Violation of rights: If evidence was gathered through an unlawful search, seizure, or interrogation, it may be excluded from trial.
Each defense must be tailored to the facts of the case, but raising these issues early can significantly affect the outcome.
Why Identity Theft Cases Are Taken So Seriously
Identity theft charges are unlike many other offenses because they involve both victims and institutions. Banks, hospitals, and government agencies all have an interest in prosecuting these cases aggressively. A conviction can lead to years behind bars, steep fines, and restitution orders, with consequences that extend well beyond the courtroom.
Identity Theft Defense Lawyer in Bradenton and Sarasota
Identity theft charges can affect nearly every part of your life, from your reputation to your financial stability. In Bradenton, Sarasota, and throughout Florida, prosecutors pursue these cases aggressively, often seeking the harshest penalties possible. You don’t have to face these challenges alone.
At Van Elswyk Law, we stand ready to protect your rights and fight for your future. If you are facing identity theft allegations, contact us to discuss your case and learn how we can help build your defense.