Identity Theft Defense Tampa: A Guide to Florida Law

Identity Theft Defense in Tampa: What You Need to Know

If you are facing identity theft charges in Tampa, you need an experienced attorney to represent you. Florida aggressively prosecutes identity theft as a top-tier white-collar crime. Consequently, a single charge of using someone’s personal information without permission can lead to severe felony penalties, including mandatory prison sentences and a permanent criminal record.

At The Brancato Law Firm, P.A., we are on the front lines of identity theft defense in Tampa and throughout Hillsborough County. Therefore, if you are under investigation or have been charged under Florida Statute § 817.568, you need a strategic defense plan immediately.

What Is Criminal Identity Theft Under Florida Law?

Florida law is incredibly broad when it comes to identity theft. Specifically, Florida Statute § 817.568 makes it a crime to willfully and without authorization use—or even just possess—another person’s identification information with fraudulent intent.

This isn’t just about credit cards. In fact, the law covers a vast range of personal data, including:

• Social Security numbers
• Bank account numbers or routing information
• Credit or debit card numbers
• Driver’s license or state ID numbers
• A passport
• Biometric data like fingerprints or retina scans
• Medical, insurance, or benefits records

Critically, even possessing this data with the intent to commit fraud is enough for the state to charge you with a felony in Hillsborough County.

Penalties for Identity Theft in Florida: Why the Stakes Are So High

Florida prosecutors seek harsh penalties that escalate based on the financial damage and the number of victims. For defendants in the Tampa Bay area, this means facing a tiered system of serious consequences.

• Third-Degree Felony: The baseline offense, which a judge can punish with up to 5 years in prison.
• Second-Degree Felony: Triggered by a value of $5,000 or more, or involving 10-19 victims. This carries a 3-year mandatory minimum prison sentence.
• First-Degree Felony: Triggered by a value of $50,000 or more, or involving 20-29 victims. This carries a 5-year mandatory minimum prison sentence.
• First-Degree Felony (Enhanced): Triggered by a value of $100,000 or more, or involving 30+ victims. This carries a 10-year mandatory minimum prison sentence.

Moreover, the state enhances penalties if the alleged victim is a minor, a senior citizen (age 60+), a disabled adult, or a military veteran.

Why Prosecutors in Hillsborough County Are So Aggressive

Prosecutors and judges view identity theft as a deeply invasive crime. Because of this, victims often suffer devastating financial and emotional harm, and the evidence trail—bank statements, IP logs, video surveillance—can seem overwhelmingly one-sided.

The prosecution often builds its narrative long before you are aware of an investigation. They gather documents and witness statements, creating a story that can feel impossible to overcome. For this reason, you need an experienced identity theft defense lawyer in Tampa who can dismantle that narrative piece by piece.

Our Defense Strategy: Outworking the Prosecution from Day One

However, a successful defense against identity theft charges requires more than just reacting to the state’s evidence. It requires a proactive, meticulous, and tech-savvy approach to find the holes in their case.

At The Brancato Law Firm, P.A., attorney Rocky Brancato brings over 25 years of major felony trial experience to every case. We don’t delegate your defense. We own it.

Here’s what sets our hands-on strategy apart:

• Expert Collaboration: First, we work directly with forensic accountants and digital evidence specialists to follow the data trail and challenge the prosecution’s interpretation of events.
• Meticulous Review: Next, we conduct line-by-line analyses of financial records, bank statements, and digital logs to uncover inconsistencies the police may have missed.
• Targeted Legal Motions: Furthermore, we file targeted legal motions to fight to suppress unlawfully obtained evidence and challenge the admissibility of questionable records before a jury ever sees them.
• Early Intervention: Ultimately, our goal is to engage with prosecutors early. By presenting mitigating facts and exposing weaknesses in their investigation, we can often persuade them to reduce or even drop the charges before they are formally filed.

While we responsibly leverage advanced AI tools to organize data, this technology is our tool, not our guide. Every critical decision is driven by decades of human courtroom experience.

Don’t Wait Until It’s Too Late—Early Legal Help Is Critical

Critically, identity theft investigations often start months before an arrest is made. Therefore, if you wait until you are formally charged, you have already lost valuable time and leverage.

The moment you suspect you are under investigation is the moment you need to act. The sooner we get involved, the more power we have to protect your rights, your reputation, and your future.

Contact a Tampa Identity Theft Defense Lawyer Today

If authorities have questioned, arrested, or charged you with identity theft in Tampa, Hillsborough, Pinellas, or Polk counties, do not speak to investigators alone. Your freedom is on the line.

Call The Brancato Law Firm, P.A. now for a confidential consultation to discuss your case. We are ready to build the powerful, strategic defense you deserve.

Call us today at (813) 727-7159 or visit our office in Tampa.