An identity theft lawyer can take steps to protect your rights and defend you against allegations by gathering evidence, negotiating with prosecutors, and working to get your charges reduced or dismissed.
Identity theft is a serious crime with severe legal consequences, including hefty fines, jail time, and a criminal record that can impact your future. If you’ve been accused of identity theft, hiring an experienced lawyer is critical to protecting your rights and building a strong defense.
Here is a breakdown of the role of a Los Angeles identity theft lawyer and how we can assist you.
What Is Identity Theft?
Under California law (Penal Code 530.5 PC), identity theft involves willfully obtaining and using another person’s personal identifying information without their consent for an unlawful purpose. This includes activities such as:
- Using someone’s Social Security number to open a bank account
- Forging someone’s signature on a document
- Using another person’s credit card to make purchases
Identity theft can also involve stealing information from organizations, corporations, or even deceased individuals. Whether the crime occurs on a state or federal level, identity theft is considered a serious offense that can lead to harsh penalties, including jail time, fines, and restitution.
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What Can an Identity Theft Lawyer Do?
An identity theft lawyer offers critical legal guidance and representation for individuals facing identity theft charges. Here’s how we can help:
1. Case Evaluation
Your lawyer will review the details of your case, including the evidence against you and the circumstances of your charges. We identify weaknesses in the prosecution’s case and potential violations of your rights.
2. Defense Strategy Development
An experienced Los Angeles criminal defense lawyer will craft a personalized defense strategy to challenge the charges. Common defenses include:
- Lack of Intent: Demonstrating that you did not knowingly commit fraud or theft
- Consent: Arguing that the alleged victim permitted you to use their information
- Unlawful Search or Seizure: Challenging evidence obtained through unconstitutional law enforcement actions
3. Negotiating Plea Deals
If appropriate, your lawyer may negotiate with prosecutors to reduce charges or penalties, such as having a felony reduced to a misdemeanor or securing probation in place of jail time.
4. Representation in Court
If your case proceeds to trial, your lawyer will represent you, presenting evidence, cross-examining witnesses, and building a compelling case to protect your rights and freedom.
5. Sentencing Advocacy
In the event of a conviction, your lawyer can advocate for reduced penalties, alternative sentencing options, or restitution arrangements that minimize the impact on your life.
What Is Considered Personal Identifying Information?
California law defines personal identifying information broadly, covering a wide range of details, such as:
- Name, address, and phone number
- Social Security number or Tax ID
- Driver’s license or state ID number
- Credit card numbers or bank account details
- Medical insurance or school ID numbers
- Biometric data, such as fingerprints or retina scans
If you have been accused of obtaining or using this type of information unlawfully, an identity theft lawyer can help evaluate your case and build a strong defense.
Disputing an Identity Theft Charge
Disputing an identity theft charge can be challenging, but an experienced identity theft attorney can help. Common defense strategies include:
1. False Accusation
Your lawyer can gather evidence to prove that you were wrongly accused, such as mistaken identity or lack of involvement in the crime.
2. No Intent to Commit Fraud
If you accessed someone’s personal information by mistake or believed you had their consent, your lawyer can argue that you did not intend to commit fraud.
3. Violation of Your Rights
If law enforcement violated your rights during the investigation—such as conducting an illegal search or seizure—your lawyer can work to suppress the evidence, weakening the prosecution’s case.
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Types of Identity Theft
Identity theft can take many forms, depending on the type of information targeted and how it is used. Common types include:
- Financial Identity Theft: Using someone’s financial information, such as credit card details or bank account numbers, to make unauthorized purchases or withdrawals
- Medical Identity Theft: Using stolen health insurance information to obtain medical services, often leaving the victim responsible for substantial costs
- Social Security Identity Theft: Stealing a Social Security number to open new lines of credit, commit tax fraud, or access government benefits
- Synthetic Identity Theft: Combining real and fake information to create a new identity, which is then used to commit financial crimes, such as applying for loans or credit cards
An identity theft lawyer can examine the details of your case and provide insights into how to approach your defense based on the type of identity theft involved.
Learn What Our Identity Theft Lawyers Can Do to Help You
At Simmrin Law Group, we understand the challenges of facing identity theft charges. Our attorneys have extensive experience handling these complex cases and are dedicated to helping you achieve the best possible outcome.
If you’re facing identity theft charges, don’t wait to seek legal help. The sooner you have an experienced attorney on your side, the better your chances of protecting your future.
Contact Simmrin Law Group today for a free consultation, or fill out our online form to get started. Our identity theft lawyers are ready to provide the legal representation you deserve.
Call or text (310) 896-2723 or complete a Free Case Evaluation form