A federal identity theft charge can lead to severe consequences, including years in federal prison and steep fines. With the rise of identity theft nationally, federal prosecutors started aggressively pursuing these cases with the support and resources of the federal government on their side.
If you’ve been charged, you need legal help to protect your rights and to defend you in court. At the Simmrin Law Group, we have identity theft lawyers in Los Angeles devoted to helping people like you defend themselves against federal charges. Call us at (310) 997-4688 for your free consultation today.
What Counts as Identity Theft?
Legally, there are a lot of different activities that can count as identity theft – even if you wouldn’t normally think of them that way.
Both California and the U.S. federal system have laws that make identity theft illegal.
Illegal Identity Theft Activities Under California Law
Activities prohibited by California law include:
- Stealing credit card information
- Using that credit card information to make purchases online
- Using someone else’s email account to impersonate them
- Using someone else’s name and social security number to collect welfare or Social Security payments
- Forging a signature on a document or a check (under California law)
- Setting up a new bank account with another individual’s social security number
- Using another taxpayer’s identification number to file a tax return and procure their refund
Identity Theft Activities that are Forbidden Under Federal Law
Federal identity theft law is found in the Identity Theft and Assumption Deterrence Act of 1998. It relates to more specific identity theft, targeting people who make or use stolen identification documents. Under the federal law, it is illegal to:
- Knowingly transfer a stolen ID card or document to someone else, regardless of whether you sell or give it to the person
- Knowingly present another person’s ID card as your own
- Knowingly transfer, produce, possess, or traffic in equipment used to make fake ID documents
For a free legal consultation with a identity theft lawyer serving Los Angeles, call (310) 928-9347
What Does the Prosecution Have to Prove in a Federal Identity Theft Case?
The federal identity theft law makes it illegal to “knowingly” take some actions regarding identification documents. This means that to be convicted, the prosecution must prove beyond a reasonable doubt that you knew that you were doing something fraudulent or illegal.
For example:
- If you are accused of knowingly transferring a stolen ID card or document, the prosecutor must prove you had knowledge the document was stolen.
- If you had ID-producing equipment, you must have known that you had it, and its purpose was to produce false identification documents.
You Had the Document in Your Possession
The feds will also need to prove that you had the document in your possession and either transferred or presented it (for example, showing it at a Social Security office to get benefits.)
If you are accused of identity theft in connection with ID-producing equipment, the prosecution will need to prove you possessed, produced, transferred, or trafficked in it.
Mail or Wire Fraud
Finally, identity theft is often prosecuted along with other charges such as mail fraud or wire fraud. These are separate charges that each has their own elements of proof.
The prosecution must meet its burden of proof for each charge before you can be convicted of it. A Los Angeles identity theft attorney can help ensure this happens.
Los Angeles Identity Theft Lawyer Near Me (310) 928-9347
What if You Didn’t Defraud Anyone or Make Money?
Under the identity theft law, your actions matter when it comes to your guilt or innocence – not the results. You can be convicted even if you never made money as a result of having the identification.
However, whether you made any money will make a difference when the federal or state court determines sentencing.
- Penalties for a federal identity theft conviction are less severe if you did not benefit financially, with the maximum sentence only applying to cases that involve theft over $1,000
- California prosecutors will likely seek charges that carry harsher penalties when the defendant made money at the victim’s expense
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What Are the Defenses Against a State or Federal Identity Theft Charge?
There are several defenses that your lawyer might use to undermine the prosecution’s case or show that you are not guilty. Some typical ones include:
Lack of Intent
If you did not mean to defraud anyone or commit a crime, you should not be found guilty. For example, if a friend asked you to deliver an envelope containing several stolen IDs to someone else, and you believed the envelope contained family photos, you do not have criminal intent.
Intent can be difficult for the prosecution to prove beyond a reasonable doubt because there may be no evidence of what you were thinking.
The ID Owner Gave You Consent
You may believe the owner of the ID agreed that you could have it or use it. This might be the case if, for example, you were helping someone apply for government benefits. If you have consent, you haven’t committed a crime.
Law Enforcement Violated Your Rights
Identity theft evidence is often collected through police searches, and the evidence can be inadmissible in court if the police do not follow proper search and seizure proceedings. Therefore, if the prosecution cannot use vital evidence, it may be forced to dismiss your case.
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What Are the Penalties for Federal Identity Theft?
The U.S. government takes identity theft seriously, charging it as a felony under federal law. The penalties for a federal identity theft conviction can include:
- 15 years in federal prison
- Fines of $5,000 or more depending on the case
A convicted person’s prison sentence could increase to 20 or 25 years if:
- The government connected the act of identity theft to a violent crime
- The identity theft was linked to international terrorism
- The defendant stole an identity to carry out a drug trafficking crime
- The perpetrator had a past federal identity theft charge
Additionally, even harsher penalties can be applied under the Identity Theft Penalty Enhancement Act. For instance, if an individual uses another person’s identification to steal Social Security benefits, commit domestic terrorism, or carry out immigration violations, that individual can be charged with aggravated identity theft.
In these case types, the government is mandated to tack on another two years for
common identity theft and another five years for domestic terrorism. An identity theft lawyer in Los Angeles can review your case and advise you of your next steps.
How Is a Federal Sentence Decided?
If convicted, the government will consider specific factors when deciding on a sentence:
- How the defendant conducts his or herself
- How many victims were affected
- The amount of forged or stolen IDs
- How much damage the victims incurred
What Are the Penalties for Identity Theft in California?
Penal Code §473, Forgery and Counterfeiting, and Penal Code §530.5, False Personation and Cheats, each prosecute a different type of identity theft under California law. The prosecution could charge an individual with a felony or misdemeanor under this legislation depending on their criminal history and case facts.
When P.C. §530.5 identity theft convictions are charged as a misdemeanor, the penalties are:
- Up to one year in county jail
- Up to a $1,000 maximum fine
An identity theft felony conviction for P.C. §530.5 can lead to:
- A county jail sentence of up to three years
- Fines of up to $1,000
Signature forgery punishments under P.C. §473 are charged as a misdemeanor as long as the forged item is less than $950. Penalties for these identity theft crimes include:
- A maximum one-year county jail sentence
- Up to $1,000 in fines
For an identity theft felony conviction under P.C. §473, the penalties include:
- A county jail sentence of up to three years
- A $10,000 maximum fine
- Community service
Talk to a Los Angeles Identity Theft Lawyer for Free
At the Simmrin Law Group, we give you the strongest legal representation possible against federal- and state-level identity theft crimes. We know the other side will work hard to convict you, and we are prepared to fight back.
Take advantage of our FREE consultation so we can explain your rights and show you how a Los Angeles identity theft attorney can help. Fill out the form to the right or call us a (310) 997-4688 and get your no-obligation consultation today.
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