Miami Possession of Personal Identification Information Attorney

One of the most common crimes associated with identity theft is Possession of Personal Identification Information.  The crime refers to an individual intentionally or knowingly, and without authorization, possessing personal identification information of another person.

“Personal identification information” means an individual’s social security number, official state-issued or United States-issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification, Medicaid or food assistance account number, bank account number, credit or debit card number, and medical records. 

Most charges involving Possession of Personal Identification Information are felonies and the degree generally depends on the amount of information possessed and the amount of loss in the fraud. Possession of Personal Identification Information can also have serious immigration consequences if the defendant is not a U.S. citizen. 

Attorney for Possession of Personal Identification Information in Miami, FL

If you were arrested for any type of fraud crime like Possession of Person Identification Information, it is important you contact a seasoned criminal defense attorney. Attorney E.J. Hubbs is a former prosecutor with significant experience in the courtroom.  E.J. is also board certified in criminal trial law, an honor held by less than 1% of attorneys in the entire state of Florida. 

Hubbs Law handles all types of fraud crimes, including Possession of Person Identification Information, in Miami, FL and throughout Miami-Dade County, including Doral, Miami Beach, Brickell, Miami Shores, South Miami, Pinecrest, Kendall, Palmetto Bay, Cutler Bay, Homestead, Hialeah, and anywhere else in the area.

Call (305) 570-4802 today to schedule your consultation.

Elements of Possession of Personal Identification Information

Under Florida Statue 817.568, the State is generally required to the following elements beyond a reasonable doubt to prove the crime of Possession of Person Identification Information:

1. The Defendant willfully and without authorization fraudulently used or possessed with intent to fraudulently use personal identification information of the victim; and
2. The Defendant did so without first obtaining the consent of the victim.

“Personal identification information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any:

1. Name, postal or electronic mail address, telephone number, social security number, date of birth, mother’s maiden name, official state-issued or United States-issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification, Medicaid or food assistance account number, bank account number, credit or debit card number, or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized electronic use of such card;
2. Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
3. Unique electronic identification number, address, or routing code;
4. Medical records;
5. Telecommunication identifying information or access device; or
6. Other number or information that can be used to access a person’s financial resources. 

Penalties for Possession of Personal Identification Information

The penalties for a conviction of Possession of Personal Identification Information can vary tremendously depending on the facts of the case, the amount personal identification information, and the amount involved in the fraud. 

1. The minimum exposure for Possession of Personal Identification Information is a 3^rd degree felony and punishable by a maximum sentence of 5 years prison and a $5,000 fine. 
2. If the value of the pecuniary benefit, value of services received, or payment sought to be avoided is $5,000 or more, the offense is a 2^nd degree felony and punishable by a minimum mandatory sentence of 3 years in prison and a maximum sentence of 15 years prison and a $10,000 fine. 
3. If the defendant fraudulently used the personal identification information of 10 or more persons, but fewer than 20 persons, the offense is a 2^nd degree felony and punishable by a minimum mandatory sentence of 3 years in prison and a maximum sentence of 15 years prison and a $10,000 fine. 
4. If the value of the pecuniary benefit, value of services received, or payment sought to be avoided is $50,000 or more, the offense is a 1st degree felony and punishable by a minimum mandatory sentence of 5 years in prison and a maximum sentence of 30 years prison and a $10,000 fine. 
5. If the defendant fraudulently used the personal identification information of 20 or more persons, but fewer than 30 persons, the offense is a 1^st degree felony and punishable by a minimum mandatory sentence of 5 years in prison and a maximum sentence of 30 years prison and a $10,000 fine. 
6. If the value of the pecuniary benefit, value of services received, or payment sought to be avoided is $100,000 or more, the offense is a 1st degree felony and punishable by a minimum mandatory sentence of 10 years in prison and a maximum sentence of 30 years prison and a $10,000 fine. 
7. If the defendant fraudulently used the personal identification information of 30 or more persons, the offense is a 1^st degree felony and punishable by a minimum mandatory sentence of 10 years in prison and a maximum sentence of 30 years prison and a $10,000 fine.