Federal Identity Theft Penalties

Twenty years ago, identity theft was a blip on the radar.

Fast-forward to today, and identity theft is a major concern for individuals and businesses alike.

Given that more of our personal data is stored on the cloud than ever before, it is no wonder that this type of offense has become easier than ever to pull off.

Realizing the immense threat identity theft poses to citizens, the federal government has enacted laws and penalties to punish identity thieves and deter others from committing the crime.

If you believe you are the subject of a federal identity theft investigation, consult with an experienced federal criminal defense lawyer immediately.


According to 18 U.S.C. § 1028(a)(7), you are guilty of identity theft if you, “knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.”

Depending on the specific details of your case, you may be charged with either a misdemeanor or felony offense.

Misdemeanors are less serious crimes that are typically punishable by up to one year in the county jail.

Felonies, on the other hand, are more serious offenses punishable by more than a year in a state prison.

Jails are temporary holding facilities with limited capacity.

Prisons are large scale incarnation facilities designed to house and process a large number of inmates.

If you are charged with the felony offense of identity theft, you face up to 15 years in prison.


In addition to prison time, you may have to pay fines in excess of $5,000.

Keep in mind, this fine is on top of the various court and legal fees that are required.

If you used any assets or property to commit the offense, those items may be subject to asset forfeiture.


If your actions have led to a victim or victims suffering financial harm, the court may order you to pay restitution.

It is important to remember that restitution is a civil penalty and is in addition to any criminal charges you face.

Experienced Identity theft defense lawyer in Florida

The Law Office of Nayib Hassan, P.A., represents clients accused of identity theft, fraud, and other white-collar crimes.

To discuss your federal defense case with a skilled attorney, call (305) 403-7323 or contact us online.

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