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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27752
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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what kind of punishment does a charge carry on 1count of fraudulent

Customer Question

what kind of punishment does a charge carry on 1count of fraudulent use of a personal i.d.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Jacustomer,

There are a couple of criminal statutes in Florida which could be relevant here, and I'm not sure which applies. If, for example, you loan your ID to a younger friend who used it to get into a bar because he was otherwise underaged, that would be Unlawful use of a license (FSS 322.32), which is a second degree misdemeanor. That would have a maximum penalty of 60 days in jail.

He, however, would be charged with F.S.S. 322.212, which is a third degree felony carrying a maximum penalty of 5 years of prison.

Then there is Section 817.568, Criminal use of Personal Identifying Information which is when you are charged with using a card, or personal identifying information to commit fraud without the knowledge and consent of the person. This is identity theft and depending on what your using and in what way, and how much monetary value you were enriched by as a result of the fraud, the penalties can be very serious indeed. Those are listed along with the statute at the above link.

Customer: replied 6 years ago.
what if the charge involvrd the defendant fraudulently using an personal id to gat a contract cell phone with sprint telephone network, although he was out of the state of florida when that happened and its only a sworn affidavit from his ex wife who still lives in florida
Expert:  Zoey_ JD replied 6 years ago.
Hi,

If the defendant's personal information was used to commit a crime in another state, then this could be Federal Identity theft, the maximum for which now is 5 years of prison.
Customer: replied 6 years ago.
he was in alabama when that happened so they are giving him a chance to claim an alibi, because he lived in alabama and the phone was ordered in a store in florida. it doesnt add up. how could he be two places at once. they have no evidence only a sworn affidavit from his ex wife whom did not know he even moved to alabama in 2008 and the crime took place in 2009. im puzzled
Expert:  Zoey_ JD replied 6 years ago.
Hi,

Your question was on what penalties this defendant would face if he was convicted. How good or bad his case may be is an entirely different story, but his maximum risk remains the same.

If the prosecutor had no evidence, they would not have charged anyone with this offence. I've seen a lot of people end up doing time who thought there was "no evidence." The word of one witness, for example, if believed by a jury beyond a reasonable doubt, can be enough to convict a defendant. No trial is ever a sure thing.

I don't have enough information to know the strength or weakness of the particular case you're concerned with. But I can tell you that there is at least enough evidence to haul him into court and get the ball rolling.

Nobody can be at two places at the same time.So if he has a strong alibi his defense should. I'll have to leave that to his lawyer.