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Fraudulent Use of Personal Identification in Florida

As per Florida Statute §817.568, if a person possesses or uses someone's identification information for fraudulent purposes without their consent, this act is termed as identity fraud or fraudulent use of personal identification. 

Personal Identification Information

A name, number, or any other information of an individual that can easily identify someone is called personal identification information. Here are some examples of this term:

Name, telephone number, birth date, e-mail, debit card number, credit card number, official identification issued by the government, postal mail address, social security number, official identification number issued by the government, maiden name of mother, PIN code of the debit card, bank account number, personal identification number.

Any bio-metric data which is unique. 

For example, voice print, fingerprint, the image of iris or retina, or any other physical feature.
Medical records.
Unique routing code, address, or electronic identification number.
Access device or any information related to telecommunication identification.
Any information or number that can give access to someone's financial resources. 

Penalties for Fraudulent Use of Personal Identification

Penalties for any person committing these crimes will depend on the following factors:
The total value of the fraud in monetary terms
Total number of victims deceived or defrauded 

These are the penalties for a person guilty of such charges depending on the scenarios: 

1) Third Degree Felony Fraudulent Use of a Credit Card
Total monetary value involved in fraud is less than $5,000; or
Total number of victims is less than 10
It is considered as a felony of the third degree in Florida
It is ranked as an offense of level 4 as per criminal punishment code of Florida
If a person found guilty of such accusations, he/she may face any of the following punishments:
Imprisonment of a maximum of 5 years
Probation of a maximum of 5 years
A fine of $5,000 

2) Second Degree Felony Fraudulent Use of a Credit Card
Total monetary value involved in fraud ranges between $5,000 to $50,000; or
Total number of victims ranges between 10 to 20
It is considered as a felony of second degree in Florida
It is ranked as an offense of level 5 as per criminal punishment code of Florida
If a person found guilty of such accusations, he/she may face any of the following punishments:
Minimum three years and a maximum fifteen years of imprisonment
Probation of a maximum of fifteen years
A fine of $10,000

3) First Degree Felony Fraudulent Use of a Credit Card
Total monetary value involved in fraud ranges between$50,000 to $100,000; or
Total number of victims ranges between 20 to 30
It is considered as a felony of first degree in Florida
It is ranked as an offense of level 7 as per criminal punishment code of Florida
If a person found guilty of such accusations, he/she may face any of the following punishments:
Minimum five years and a maximum thirty years of imprisonment
Probation of maximum thirty years
A fine of $10,000 

4) First Degree Felony Fraudulent Use of a Credit Card
Total monetary value involved in fraud is equal to or more than $100,000
Total number of victims involved are more than 30
 It is considered as a felony of first degree in Florida
It is ranked as an offense of level 7 as per criminal punishment code of Florida
If a person found guilty of such accusations, he/she may face any of the following punishments:
Minimum of ten years and a maximum thirty years of imprisonment
Probation of maximum thirty years
A fine of $10,000 

Contact Criminal Defense Lawyer Larry Avallone

If you have been charged or arrested in the Daytona Beach area, contact Larry Avallone, who is an expert Criminal Defense Lawyer in Volusia County. My initial consultation is completely free. I am ready to provide legal advice regarding the next steps in your case.

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