Fort Lauderdale Identity Theft Defense Lawyers

Legal Representation for Identity Fraud Charges in Broward County

Identity theft charges in Broward County are some of the most aggressively pursued offenses in Florida. These cases often involve intricate financial records, digital evidence, and multiple agencies — from local law enforcement to federal agencies. Whether the charge is related to credit card misuse, impersonation, or online fraud, facing identity theft charges can have serious consequences that extend well beyond the courtroom.

A conviction for identity theft can lead to serious penalties, including felony charges, years in state or federal prison, and mandatory restitution to victims. Apart from legal consequences, the stigma of such an offense can damage your professional reputation, impact future job prospects, and significantly disrupt your personal life.

At Hager & Schwartz, P.A., we recognize the seriousness of these charges and the fear of confronting them. As former state prosecutors, our Fort Lauderdale identity theft lawyers provide a distinct advantage to your defense: we understand how the state builds its case and how to uncover weaknesses in its evidence. Our team is available to intervene immediately, protect your rights, and begin developing a strategic defense tailored to your situation.

If you or a loved one has been charged with identity theft in Broward County, don’t delay in seeking help. Acting quickly increases your chances of a positive outcome. 

Contact us for a free, confidential consultation to discuss your case and see how we can help protect your future.

What Is Identity Theft in Florida?

Under Florida Statute § 817.568, identity theft — legally called “criminal use of personal identification information” — happens when someone uses, has, or plans to use another person’s personal identifying information without their permission. Personal identification can include various data linked to a person, such as their name, Social Security number, date of birth, credit card number, or bank account details.

In Florida, prosecutors aggressively pursue these cases, whether they involve large-scale data breaches or isolated incidents of impersonation. 

Common types of identity theft include:

• Financial fraud: Using another person’s credit card or bank information to make purchases or withdraw funds.
• Social Security misuse: Illegally using someone’s Social Security number for employment or financial gain.
• Credit account theft: Opening or accessing credit lines in another person’s name.
• Impersonation or false representation: Using a fake ID or posing as another person for personal benefit.
• Online and cyber identity theft: Hacking, phishing, and other digital schemes targeting personal or financial data.

While many identity theft cases are prosecuted at the state level, certain conduct can trigger federal charges. Under 18 U.S.C. § 1028, federal identity theft laws make it a crime to produce, transfer, or possess another person’s identification document — or a false one — with intent to use it unlawfully. This includes possession of document-making equipment or counterfeit IDs issued by U.S. or foreign governments.

Penalties for Identity Theft in Florida and Federal Court

Being charged with identity theft in Broward County is a serious issue with potentially life-changing consequences. Florida law strongly opposes any misuse of personal identification data, and the penalties depend on how the alleged crime was committed, the financial damage caused, and the number or vulnerability of victims.

Under Florida Statute § 817.568, the severity of punishment increases as the level of harm and intent rise:

• Possession of personal identification information without consent can be a third-degree felony, punishable by up to 5 years in prison and $5,000 in fines.
• Using someone’s information to obtain property, credit, or services can elevate the charge to a second-degree felony, carrying up to 15 years in prison.
• If the alleged offense involves $100,000 or more in losses, 30 or more victims, or vulnerable individuals such as the elderly, it becomes a first-degree felony, punishable by up to 30 years in prison.
• Courts also frequently order restitution for victims, meaning you may be required to repay any claimed financial losses.

At the federal level, identity theft falls under 18 U.S.C. §1028 and related laws. Federal penalties for identity theft are usually more severe than those under state law. Convictions can result in up to 15 years in federal prison, heavy fines, and mandatory restitution. Cases prosecuted federally typically involve larger operations, interstate activities, or the use of government-issued or counterfeit ID documents.

Beyond fines and incarceration, a conviction for identity theft can cause serious personal and professional harm. You might lose your job, professional license, or housing options, and the stigma of a felony record can follow you for life.

We understand the stakes. As former prosecutors, our Fort Lauderdale defense team knows how the government builds these cases and how to dismantle them.

Common Defenses Against Identity Theft Charges

When facing allegations of identity theft, it’s easy to feel like the odds are against you, especially when prosecutors claim to have digital trails, financial records, or witness statements linking you to the crime. However, every case has weaknesses, and an experienced defense attorney knows how to identify and expose them. Our strategies for defending against financial identity theft are tailored to each case's specific facts, preventing any detail from being missed.

Several defenses may apply depending on the circumstances:

• Mistaken identity: In many cases, law enforcement assumes the digital footprint belongs to a single person, but online data can be easily manipulated or misattributed.
• False accusation: Individuals may be wrongly blamed due to personal disputes, business conflicts, or family disagreements involving shared accounts or devices.
• Insufficient evidence: Prosecutors must prove beyond a reasonable doubt that you knowingly and willfully used another person’s identifying information. Weak or circumstantial evidence cannot meet that burden.
• Lack of intent: Accidental possession or use of another’s information, especially in shared households or workplaces, does not necessarily amount to a criminal act.

Our team often challenges the methods investigators use to gather and present evidence. This may include questioning the reliability of digital records, disputing the credibility of witnesses, or trying to suppress unlawfully obtained evidence gathered through improper searches or warrants.

Because each situation is unique, our attorneys develop customized defense strategies aligned with the evidence, your background, and the specific charges filed. As trial-ready lawyers, we prepare every case as if it might go before a jury. This approach often enhances our negotiating position and can increase the chances of pursuing better outcomes before trial.

Real-World Scenarios in Identity Theft Cases

Identity theft can take many forms, from minor incidents to complex cybercrimes. In Fort Lauderdale, where tourism, nightlife, and online commerce meet, these cases often appear less obviously criminal at first glance. Our attorneys have handled situations where misunderstanding or misuse of technology resulted in serious stolen identity charges in Florida.

A common example involves using fake ID in Fort Lauderdale’s popular entertainment districts. What might seem like a minor offense to get into a venue or buy alcohol can quickly turn into a felony charge for impersonation or criminal use of someone else’s ID. Even when no money is lost, using or possessing someone else’s identity without permission can lead to serious penalties.

Another common situation involves online fraud and phishing scams. Cybercrimes often include unauthorized access to email accounts, bank logins, or digital wallets—sometimes without the accused even realizing they’re connected to a larger network’s activities. As technology advances, law enforcement increasingly depends on IP addresses, social media records, and digital footprints, which can be easily misunderstood or linked to the wrong person.

We also see Social Security number fraud cases, especially when individuals use another person’s Social Security number to get a job, file taxes, or open credit accounts. These actions can lead to state and federal investigations, particularly when multiple victims or financial institutions are involved.

Because each situation is unique, it’s crucial to have a cybercrime lawyer in Fort Lauderdale who understands the details of these cases and how digital evidence is collected, stored, and presented in court. We use our prosecutorial insight and many years of defense experience to distinguish fact from assumption, protecting clients from overreach and working tirelessly to pursue a favorable outcome.

Why Choose Us for Identity Theft Defense?

When your reputation, freedom, and future are at stake, the attorney you pick can make all the difference. Every client deserves assertive, personalized defense and a legal team that truly cares about the outcome.

Unlike general practice firms, we concentrate solely on criminal defense. This focused approach keeps us informed of the latest legal trends, investigative methods, and courtroom tactics used in identity theft and cybercrime cases. Our Fort Lauderdale identity theft defense attorneys bring decades of combined experience to each case, including time spent as former state prosecutors. This insider view provides a clear advantage: we understand how the prosecution builds its case and how to counter it.

Our attorneys have extensive experience in Broward County courts, regularly appearing before local judges and negotiating with prosecutors throughout the region. We understand how these cases are managed from start to finish, and we leverage that knowledge to foresee challenges before they occur.

Clients choose us for our legal knowledge and accessibility. We’re available 24/7 to answer urgent questions and provide direct cell phone access to your attorney for ongoing support throughout the process. We also offer free consultations and flexible payment plans because quality defense should not be out of reach.

Our proven track record has earned recognition from Super Lawyers, Avvo, and Martindale-Hubbell — trusted organizations that showcase our professionalism, integrity, and results-focused advocacy. 

What truly sets us apart is our dedication to you. From the moment you call, we treat your case as if it were our own, tirelessly fighting for a reduced charge, dismissal, or acquittal.

FAQs About Identity Theft Charges in Florida

Facing identity theft allegations can be confusing and intimidating. To help you better understand your situation, our Fort Lauderdale defense team has answered some of the most common questions about these charges and what they mean under Florida law.

What Are the Penalties for Identity Theft In Florida?

Under Florida Statute § 817.568, identity theft is classified as a felony offense, with penalties increasing based on the severity of the alleged crime. Using or possessing someone’s personal information without permission can lead to third-degree felony charges, which can result in up to 5 years in prison. If the offense causes significant financial harm, involves multiple victims, or targets elderly individuals, penalties can escalate to first-degree felony levels, carrying up to 30 years in prison, heavy fines, and mandatory restitution.

Is Identity Theft a State or Federal Crime?

Identity theft can be prosecuted at the state or federal levels. Florida usually handles cases involving individual victims or local activities, while the federal government gets involved when the crime crosses state lines or involves government-issued or counterfeit ID documents. Federal charges carry especially serious penalties, including up to 15 years in prison and hefty fines.

Can Identity Theft Charges Be Dropped?

Yes. Charges can be lowered or dropped if your lawyer can show insufficient evidence, procedural mistakes, or lack of criminal intent. As former state prosecutors, our team knows how to challenge the evidence and negotiate with the prosecution to seek a better outcome.

What Should I Do if I’m Falsely Accused of Identity Theft?

If you have been falsely accused, consulting an attorney is essential. Avoid trying to explain yourself to investigators or the alleged victim. Anything you say could be used against you. A knowledgeable defense lawyer can protect your rights, collect exonerating evidence, and work to clear your name before charges escalate.

How Does Florida Define “Criminal Use of Personal Identification Information”?

Florida law describes this act as the intentional and unauthorized use, possession, or transfer of another person’s identifying information, such as their name, Social Security number, or financial account details, to commit fraud or other illegal activities. The crime happens when someone deliberately uses another person's identity without permission or legal authority.

Speak with a Fort Lauderdale Identity Theft Attorney About Your Case

Identity theft charges are among the most serious criminal accusations you can face in Florida. A conviction doesn’t just threaten your freedom; it can also impact your finances, career, and reputation. Even a simple allegation can cause lasting damage if not addressed quickly and strategically. That’s why it’s essential to take immediate action and seek strong legal representation from attorneys who know how to defend you.

At Hager & Schwartz, P.A., we recognize what’s at stake. Our Fort Lauderdale-based identity theft defense attorneys have decades of combined experience handling complex financial and cybercrime cases. As former state prosecutors, we understand how the government investigates and constructs these cases and how to identify weaknesses in their evidence.

Whether you’ve already been charged or suspect you’re under investigation, early intervention can significantly influence the outcome of your case.

Contact us to see how our knowledgeable Fort Lauderdale identity fraud defense attorneys can assist you. We can review your case, clarify your options, and develop a strategy to protect your future.