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Aggravated Identity Theft

Aggressive Miami Theft Crimes Lawyer

Aggravated identity theft is a federal crime under 18 U.S.C. §1028A and is prosecuted in federal court by experienced federal prosecutors. It can result in severe punishment. If you or someone you know is charged with aggravated identity theft, it is very important that you speak to an experienced Miami identity theft attorney who is willing to fight for you in federal court.

Attorney Thomas Mote has successfully defended identity theft and fraud cases in both state and federal courts. He has the experience, knowledge, and focus to handle your identity theft case.

Contact our firm today for the aggressive defense you need!

What Is Identity Theft?

Identity theft is becoming one of the most common crimes prosecuted in Miami, throughout South Florida, and across the United States.

The definition of a “means of identity” that can be prosecuted as stolen or unlawfully used include:

  • Date of Birth
  • Social Security Number
  • Credit card numbers
  • Bank account numbers
  • Government issued ID Cards
  • Account access codes
  • Driver’s License Numbers

Identify theft can be charged as a misdemeanor or felony. In Florida, a first-degree misdemeanor identity theft conviction can carry up to a year in jail, fines up to $1000, probation and restitution. Felony identity theft penalties carry lengthier sentences and fines up to $15,000.

What Is Aggravated Identity Theft?

Aggravated identity theft is defined as the knowing and unauthorized transfer, possession, or use of a means of identification in the commission of certain felonies. In contrast to identity theft, aggravated identity theft only occurs "during and in relation" to other federal crimes or felonies.

These felonies include:

  • Theft of public money, property, or rewards;
  • Mail, bank, and wire fraud;
  • Obtaining customer information by false pretenses;
  • Theft from employee benefit plans;
  • Fraud and false statements, including to acquire firearms and Social Security benefits.
  • Theft, embezzlement, or misapplication by a bank officer or employee;
  • Domestic and foreign terrorism;
  • Crimes relating to nationality and citizenship, including false impersonation of citizenship, the creation of counterfeit alien registration cards, failing to leave the U.S. after deportation, and crimes relating to passports and visas.

2-Year Minimum Mandatory Sentence

Those charged with Aggravated Identity Theft face a minimum mandatory sentence of two years imprisonment in addition to any punishment the judge imposes for the underlying federal crime.

Contact the Law Office of Thomas W. Mote II, PA today to schedule your free consultation with our experienced identity theft lawyer. Call (305) 374-6683.

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