If you have been caught using other people’s identification for an unlawful purpose, you need a Miami identity theft attorney. For those doing the research for the first time, identity theft is a crime that involves the unauthorized/fraudulent use of other people’s identification for personal gain. As you surely know, identity theft is one of the most common crimes prosecuted in Miami, Fort Lauderdale, Palm Beach and around South Florida. In most instances, identity theft is prosecuted in Federal Court, however, identity theft can also be prosecuted in state court. This section will address some of the most important topics any person facing an identity theft prosecution needs to know.
1) What is Identity Theft?
In Federal court, 18 U.S.C. 1028 and 18 U.S.C. 1028A are the controlling statutes from the U.S. Code in regards to identity theft and aggravated identity theft. Those parts of the U.S. Code define the meaning of identity theft and explain what actions are illegal and how they can be punished. In those sections, identity theft is also referred to as: “fraud and related activity in connection with identification documents, authentication features, and information.”
I. Identity Theft – Pursuant to 18 U.S.C. 1028 it is illegal to knowingly:
- Produce an ID, a fake ID, or an authentication feature, without lawful permission.
- Transfer an stolen ID, a fake ID, or an authentication feature.
- Possess with intent to use/transfer five or more ID’s, authentication features, or fake ID’s
- Possess an ID, a fake ID, or an authentication feature to defraud the U.S. Government.
- Produce/transfer/possess fake ID or authentication feature making equipment knowing that such equipment is to be used to make fake ID’s or fake authentication features.
- Possess a U.S. identification feature that is stolen or illegally produced.
- Transfer/possess/use another person’s ID with intent to violate Federal law or any felony.
- Traffic in authentication features for ID’s, document making implements, or means of ID.
II. Aggravated Identity Theft – Pursuant to 18 U.S.C. 1028A it is illegal to knowingly:
- Transfer, possess, or use another person’s ID during the commission of a felony.
As a Miami identity theft attorney, I also encounter cases where a client is charged with Aggravated Identity Theft. This is a serious enhancement in Federal court because a person will face a minimum mandatory sentence of 2 years as an enhancement.
2) What am I facing for Identity Theft?
Depending on the specific type of identity theft you are facing, including aggravated identity theft, you may be facing a maximum sentence, per count, of 5 years, 15 years, 20 years, or 30 years in prison.
One of the most common questions a Miami identity theft attorney will encounter is “what am I facing” and “why are the penalties so stiff?” The following breakdown will address both questions:
Offenders being sentenced for aggravated identity theft, will also face a minimum mandatory sentence of 2 years in prison, per count of aggravated identity theft.
5 Years Prison Max
Per Count of Identity Theft
- Those who possess with intent to transfer or use five or more ID’s, authentication features, or fake ID’s.
- Those who knowingly transfer/use/possess another person’s ID with intent to violate Federal law or any felony.
- Possession of an ID, authentication feature, or fake ID to defraud the U.S. Government.
- Possession of an ID feature that is stolen or produced without lawful authority.
- Transfer/possession/use of another person’s ID with intent to violate any Federal law or felony and obtaining anything of value up to $999.
15 Years Prison Max
Per Count of Identity Theft
- Production of any ID, fake ID, or authentication feature authorized by the U.S. Government.
- Production of 5 or more ID’s, fake ID’s, or authentication features.
- Transfer of any ID, fake ID, or authentication feature authorized by the U.S. Government.
- Transfer of 5 or more ID’s, fake ID’s, or authentication features.
- Production/transfer/possession of any fake ID manufacturing equipment.
- Transfer/possession/use of another person’s ID with intent to violate any Federal law or felony and obtaining anything of value over $1,000.
20 Years Prison Max
Per Count of Identity Theft
If the crime of identity theft was committed to:
- Facilitate a drug trafficking crime.
- In connection with a crime of violence.
- After a prior conviction for identify theft becomes final.
30 Years Prison Max
Per Count of Identity Theft
If the crime of identity theft was committed to:
- Facilitate an act of domestic terrorism.
- Facilitate an act of international terrorism.