Switch to ADA Accessible Website
Orlando Criminal Lawyer

What Is The Sentence For “Aggravated Identity Theft” Under Federal Law?

Identity2

Identity theft broadly refers to the illegal use of someone else’s personal identifying information. One common form of identity theft is using false or stolen information to obtain legal identification, such as a passport or driver’s license. Oftentimes, the people who commit such crimes are not doing so for any nefarious reason. They may simply be trying to establish legal status in the United States just so they can get a job or rent an apartment.

Unfortunately, having a good reason for committing identity theft does not make it legal. To the contrary, federal law defines such acts as “aggravated identity theft,” a felony that carries a mandatory prison term of 2 years. This sentence must run consecutively towards any other prison time arising from the specific acts of identity theft involved, such as lying on a passport application.

Florida Woman Receives 7 Years for Repeat Identity Theft

A recent unpublished decision from the U.S. 11th Circuit Court of Appeals, United States v. Baez-Paulino, demonstrates how identity theft charges can easily snowball. Federal prosecutors in this case initially charged the defendant back in 2013 with aggravated identity theft and making false statements on a passport application. To give some background, the defendant grew up in the Dominican Republic, where she said she was the subject of sexual abuse as a child and young adult. She came to the United States when she turned 18 and struggled to provide for herself and her son, who had serious health problems.

After pleading guilty to the federal identity theft charges, a Florida judge sentenced the defendant to 25 months in prison. The defendant fled the jurisdiction, however, and later used someone else’s personal information to obtain a new Florida driver’s license. Police arrested the defendant again in 2019, where she now faced three additional charges in addition to criminal contempt from the 2013 case.

When all was said and done, the court came down harshly on the defendant. As mentioned above, she already received a 25-month sentence on the 2013 identity theft charges. The criminal contempt added an additional 24 months. And after pleading guilty to the new aggravated identity theft and related charges, the sentencing judge in that case imposed a sentence of 36 months. All of these sentences were to run consecutively rather than concurrently–meaning the defendant will spend just over 7 years in prison.

On appeal, the defendant argued that forcing all of her sentences run consecutively “overstate the seriousness of her offenses,” particularly as she did not act out a desire for financial gain. The 11th Circuit affirmed the sentencing, however, stating it was “both procedurally and substantively reasonable” under the law.

Contact Orlando Identity Theft Lawyer Jose Baez Today

Identity theft may be a non-violent offense. But that does not mean prosecutors and judges do not take it seriously. As the case above illustrates, these charges can lead to harsh prison sentences. So if you are accused of identity theft and need legal representation from a qualified Orlando criminal defense attorney, contact the Baez Law Firm today to schedule a consultation.

Source:

scholar.google.com/scholar_case?case=15633369625108887794

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

1200 Brickell Avenue, Suite 1410
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

250 N Orange Ave, Suite 750
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

protected by reCAPTCHA Privacy - Terms
Please review the highlighted fields. They are required.
DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2024 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab