While there are cases where actual identity theft exists, there are many cases where it does not. The penalties for identity theft are steep and cause loss of employment, jail time, restitution, and fines. When facing identity theft charges in Alhambra, you need solid legal representation to get you through this nightmare.
Identity theft takes many forms, and it is essential to know how to defend yourself against false accusations and possible jail time. In many cases, the identity theft defendant is unaware of the crime because another entity used trickery to set them up to take the downfall for their illegal actions. Do not fall victim to these tactics and hire an Alhambra identity theft lawyer from the Simmrin Law Group.
False Impersonation and Identity Theft
A form of identity theft not often discussed is false impersonation. Penal Code Chapter 8 §529 criminalized the act of “falsely personating another in either his or her private or official capacity.” That is the first element, but a subsequent offense must also be.
The defendant must also do one of the following while under the guise of the other party:
- Become bail or surety for a legal proceeding
- Provide a written instrument with the intent for it to be recorded as truth
- Commit an act where the person who is being impersonated would face prosecution or other consequence
In layman’s terms, a person cannot pretend to be another when bonding someone out of jail, signing a document, or committing a crime. Essentially you cannot represent yourself as another person and benefit from it.
The Different Forms of Identity Theft
Many forms of identity theft stem from using a person’s identifying information. Some of these examples may shock you, but in California, the following are illegal:
Synthetic Identity Theft
Suppose you use a fake name but have an actual social security number attached. That is a prime example of synthetic identity theft. Any creation of real, fake, or combination of information falls into this category.
Welfare Identity Theft
Using someone’s personal information to obtain government assistance like WIC, food stamps, and other plans.
Financial Identity Theft
When people think of identity theft, this form is the most common as it is relatively broad. Essentially when one person uses another person’s information for their financial benefit. Suppose a person takes a person’s social security number to open a bank account; that is financial identity theft.
Child Identity Theft
A child cannot consent to use their information to open accounts or loans. When another person, including the parents, uses a child’s SSN in this manner, it is child identity theft,
Senior identity theft is similar in that a person cannot use a senior’s (over the age of 65) information in any capacity.
Criminal Identity Theft
Trying to avoid a criminal charge by providing another person’s information when facing arrest.
Tax Identity Theft
Everyone must file taxes, and if a person uses someone else’s information to file taxes, they will get a tax refund and an identity theft charge.
Employment Identity Theft
Most jobs require background checks, and if you use another person’s information to pass, this is the charge you will face.
Estate Identity Theft
When a person dies, there is an estate that will close out most of their accounts and distribute assets. When a person uses the deceased’s personal information to open a line of credit or get a loan, it is estate fraud.
Medical Identity Theft
Medical treatment is expensive, and some believe using another person’s insurance information to get medical care will help ease the costs. Using another person’s medical insurance to get a prescription, medical equipment, or medical treatment is illegal.
California law has many complexities in what the states consider identity theft. The state prosecutor will also bring additional charges to individuals to get the harshest penalty possible. The federal government will also try to add charges to your case so, to circumvent these actions, you must discuss your options with an identity theft lawyer in Alhambra.
Available Defenses for These Charges
A criminal charge is not the end; you have options and defenses available for any criminal charge you may face in California. The best defense is showing that you are not the person who stole the personal identifying information. The Alhambra prosecution must prove beyond a reasonable doubt you are the culprit, which means your defense lawyer must put doubt in the jury.
When the jury believes another person can be the guilty party, they can dismiss or lower your charges.
You Cannot Afford a Criminal Record
A criminal record leads to stress and strife for years to come. Defendants can face anywhere from one year in jail to three years in state prison. If there are federal charges, the prison time will be complete in federal prison for an extended period.
Fines are also steep ranging from $1,000 to $10,000, and undisclosed amounts for federal cases. Restitution is non-negotiable in all identity theft cases.
Additionally, you will now have a criminal record to follow you for years. When you apply for a job, you will need to disclose these details, which results in employers choosing to go with other candidates. When you find employment, it will likely be out of your regular field and with less pay than you did in the past.
Social Consequences
There are also social consequences, and your family life will suffer. Identity theft throws up many red flags, and you can lose everything with a conviction. Do not lose your lifestyle and freedom when there are defenses available. Contact an Alhambra identity theft lawyer to discuss your defense options.
Hire an Experienced Alhambra Identity Theft Attorney
Facing identity theft charges in California will change your life forever. Do not allow false accusations to ruin your life. While you know you are innocent, the prosecution will do everything they can to prove you are guilty.
Do not sit idly by waiting for an outcome without legal guidance from an identity theft attorney in Alhambra. You need the Simmrin Law Group to build a winning strategy and keep you home.