Most people use personal identifying information to handle their banking, file taxes, and access personal records. Because of its importance, individuals convicted of stealing personal information may face charges under California Penal Code Section 530.5: Identity Theft.
A Los Angeles identity theft lawyer can provide detailed information about these charges and common defenses that can help you after an arrest.
It’s essential that you reach out to a lawyer quickly after an arrest, as a conviction could result in time in county jail, fines, and other penalties.
Legally Defining Identity Theft in California
Penal Code Section 530.5 defines identity theft as the act of willfully getting the personal identifying information of another person and:
- Using their personal identifying information for an unlawful purpose without their consent
- Retaining the information while intending to commit fraud
- Selling or giving the information to someone else while intending to commit fraud
- Selling or giving the information to someone else while knowing they’ll use it fraudulently
Identity theft occurs when someone takes another person’s personal identifying information and uses it unlawfully, particularly in the commission of fraud. A Los Angeles federal crimes lawyer can explain this charge in more detail and review legal defenses.
What Is Personal Identifying Information?
California considers many different forms of information as “personal identifying information.” Individuals could face identity theft charges for unlawfully acquiring the following I.D. numbers:
- Driver’s License
- Tax I.D.
- School I.D.
- Employee I.D.
- Social Security number
Additionally, financial information often qualifies as personal identifying information. Taking an individual’s bank account number or credit card information can lead to identity theft charges. Our Los Angeles criminal defense lawyer can help.
Even something as simple as taking an individual’s address or date of birth for fraudulent use could qualify as criminal identity theft. A criminal defense attorney can provide you with more information.
The Federal Court System Prosecutes Identity Theft
The federal court system prosecutes some acts of identity theft. Generally, individuals face federal charges for crimes that:
- Cross state or national borders
- Directly involve the government
- Deal with exceptionally high amounts of money
Title 18 U.S.C. § 1028 also allows the federal court system to prosecute other acts as identity theft. Individuals may face federal charges if they:
- Present another person’s I.D.
- Steal or transfer an identification document
- Produce, possess, or transfer tools used to make false identification documents
Individuals must complete these actions knowingly for federal identity theft charges to apply. The penalties for a conviction in federal court are generally more severe than those in state court.
For example, a conviction for federal identity theft crimes can lead to up to 30 years of prison time.
Reviewing the Penalties for a PC 530.5 Violation
Prosecutors can treat California Penal Code Section 530.5: Identity Theft as a misdemeanor or a felony, depending upon the defendant’s criminal history and the specific facts surrounding the case. The state considers this charge a wobbler offense.
Convictions can result in:
Misdemeanor Penalties
- Fines: Up to $1,000
- Incarceration: Up to one year in county jail
Felony Penalties
- Fines: Up to $10,000
- Incarceration: Up to three years of jail time
Note that these penalties can apply to each individual act of identity theft, even if multiple acts involve the same victim.
Get Help After a PC 530.5 Arrest
Unless you have experience with the criminal justice system and identity theft law, seeking legal advice is in your best interest if you face PC 530.5 charges. Any form of identity theft is criminal, but there are certain types that carry serious penalties.
A lawyer can assist you with the criminal charges you face, so it’s essential that you secure legal representation quickly. An attorney can explain your constitutional rights to representation and assist with misdemeanor or felony charges.
Defenses for Identity Theft Charges
You can get help handling state or federal identity theft accusations by contacting a criminal defense lawyer. Getting professional help on your side quickly is essential to building a solid defense if charged with violating California Penal Code Section 530.5: Identity Theft.
Your legal team can work to show that:
You Acquired Personal Identifying Information Without an Unlawful Purpose
Sometimes, people gather personal identifying information for legitimate reasons. Perhaps you gathered information about your aging parent to set up the medical care they needed.
In this case, you weren’t planning to use their information unlawfully so you could avoid a conviction of identity theft.
Someone Falsely Accused You of Identity Theft
People can make identity theft charges against innocent individuals in California. This situation may occur if someone else commits the crime and tries to pass the blame onto you. The purported victim could also blame you for theft to get out of paying their debt.
Consent
Authorization to use someone else’s identity is a clear-cut defense to having charges dropped. If you had permission from the person the prosecution accused you of impersonating, this presents a strong shield of protection for your case.
Violation of Rights
Improper seizing and searching violates Fourth Amendment rights, which state that police must have a warrant to perform a search.
How Do Lawyers Help with PC 530.5 Charges?
A criminal defense attorney can assist with all aspects of your legal defense if you face charges for any theft offense. Your lawyer can protect your constitutional rights, answer your questions, and stand up for you during legal questioning.
- You can rely on a criminal defense law firm to:
- Represent you during your arraignment hearing
- Stand up for you during your bail hearing (if applicable)
- Take steps to block evidence the prosecution could use
Attorneys take the crime of identity theft seriously and focus on protecting clients from a conviction and the associated penalties. Your lawyer may review possible defenses to identity theft and strive to:
- Get your charges reduced through a plea bargain
- Have the court dismiss your charges
- Represent you aggressively in court
You can work with a criminal defense firm to ensure that you have professional help on your side immediately after an arrest, helping you avoid a prison sentence, fines, and other harsh penalties.
Your lawyer can explain the ideal time to seek a plea bargain and focus on all possible defenses. Our legal team stands ready to help now.
Get Help Dealing With Identity Theft Charges in California
California Penal Code Section 530.5: Identity Theft and Title 18 U.S.C. § 1028 charges can lead to high fines and incarceration. To defend yourself against identity theft accusations, seek the help of a criminal defense lawyer in Los Angeles.
You can reach the Simmrin Law Group by completing our online contact form or calling to set up a free initial consultation regarding your case. You can learn more about us and take charge of your defense today.