Daytona Beach Identity Theft Defense Attorneys

Challenging Allegations of Identity Fraud

Identity theft is a serious white-collar crime that involves the fraudulent or unauthorized use of someone else’s personal identifying information, such as their name, Social Security number, credit card details, or bank account information, with the intent to deceive or gain a benefit.

In Florida and under federal law, identity theft can lead to aggressive investigations and severe prosecution, even if the alleged conduct was a one-time mistake or part of a broader misunderstanding.

While any identity-related offense can lead to serious consequences, certain cases may result in aggravated identity theft charges under federal law. This typically occurs when someone is accused of using another person’s identity to commit a felony.

At Hager & Schwartz, P.A., we understand how confusing and overwhelming these accusations can be. As seasoned identity theft lawyers and former state prosecutors, we know how these cases are constructed and how to dismantle them.

If you or a loved one is facing allegations of identity theft, we invite you to contact our Daytona Beach office for a free and confidential consultation. Let us help you understand your rights and develop a strategy to protect your future.

Understanding Identity Theft Charges and Penalties

Being accused of identity theft is not just a personal crisis—it is also a legal matter with potentially life-altering consequences. Whether you are facing state or federal charges, the penalties for identity theft can be severe and long-lasting. We recognize the seriousness of these allegations and can help you navigate them with clarity, compassion, and strategic legal insight.

Florida State Charges – Florida Statutes § 817.568

Under Florida law, it is a crime to willfully and fraudulently use, possess, or attempt to use another person's personal identification information without their consent. Even a single act can lead to felony charges.

Federal Identity Theft – 18 U.S.C. § 1028

Federal law criminalizes a wide range of identity-related actions, including document forgery, possessing false identification, and knowingly transferring or using another person’s personal identifying information in connection with illegal activities.

Federal Aggravated Identity Theft – 18 U.S.C. § 1028A

This charge applies when identity theft occurs in connection with specific felony offenses, such as bank fraud, immigration violations, or wire fraud.

Potential Penalties for State and Federal Identity Theft

The consequences of a conviction vary based on the nature and scope of the alleged offense.

Penalties often include:

• Prison time:

• • In Florida, using someone’s personal identification information is typically charged as a third-degree felony, punishable by up to 5 years in prison.
  • Federal identity theft offenses may result in up to 15 years in prison, depending on the circumstances.
  • A federal aggravated identity theft conviction adds a mandatory two-year sentence served consecutively to any sentence for the related felony.
• Fines and restitution: You may be ordered to pay thousands of dollars in fines and to reimburse the alleged victim for financial losses.
• Lasting personal and financial consequences: Beyond court-ordered penalties, a conviction for identity theft or any financial crime can damage your credit, employment prospects, and reputation.

We don’t just defend against charges; we fight to protect your future. As former prosecutors, we know how to spot weaknesses in the government’s case, and we can use that knowledge to build a defense strategy tailored to your situation.

Why Having an Identity Theft Defense Lawyer Is Essential

If you're facing accusations of identity theft, time is not on your side. These cases often progress quickly, sometimes before you've even had the opportunity to understand the charges against you. That’s why reaching out to an experienced identity theft defense lawyer early in the process is among the most crucial decisions you can make.

Early intervention can make the difference between a dropped charge and a devastating conviction. The sooner you engage a knowledgeable identity theft attorney, the sooner they can start protecting your rights, securing essential evidence, and building a robust defense for your case.

A skilled identity theft lawyer can:

• Investigate the facts surrounding the allegations, including whether law enforcement overstepped boundaries or relied on unreliable sources.
• Challenge the evidence, such as the accuracy of digital records or the chain of custody for documents allegedly tied to fraudulent activity.
• Negotiate with prosecutors to reduce or dismiss charges where possible, especially in cases involving first-time offenders or weak evidence.

Every case is unique, and our attorneys take the time to understand your circumstances. By identifying weaknesses in the prosecution’s case—whether it's a lack of intent, mistaken identity, or insufficient proof—we develop tailor-made strategies designed to seek a favorable outcome.

Our Defense Approach

At Hager & Schwartz, P.A., we adopt a strategic, personalized approach to every identity theft case we handle. Backed by over 50 years of combined experience—including time spent as former state prosecutors—we offer a unique and invaluable perspective to your defense.

When facing charges as serious as identity theft, neither guesswork nor one-size-fits-all solutions are options. That’s why our defense strategy begins with an exhaustive review of every detail—from how the investigation was conducted to whether your rights were violated at any point along the way.

We thoroughly examine the evidence for inconsistencies, constitutional issues, or flaws in how the case was assembled. Whether it involves problems with digital data collection, unreliable witness statements, or a lack of intent, we strive to uncover weaknesses that others might overlook.

Throughout the entire process, we remain committed to ensuring attorney accessibility and fostering open communication. You won’t be left in the dark wondering about your case. Our clients know they can reach us when needed, and that they have a dedicated legal team that cares about seeking an optimal result.

Speak to an identity theft defense lawyer by contacting our legal team!