The crime of identity theft in San Diego can be a misdemeanor or felony. In an identity theft case, a prosecutor will attempt to show an individual willfully took someone’s identity and used it for illicit purposes. A defendant is tasked with disputing the prosecution, which can be difficult.
At Simmrin Law Group, we can put you in touch with a top-notch San Diego identity theft lawyer. We can review your identity theft case and offer legal support for it. In doing so, we can help you figure out the best way to dispute an identity theft charge.
How Identity Theft Crimes Are Treated in San Diego
Identity theft in San Diego is defined under California Penal Code §503.5. To be found guilty of identity theft in California, a prosecutor must prove that “elements of the crime” are present. These include:
1. Conduct
A prosecutor must show that an individual knowingly committed identity theft. This means the prosecutor must be able to prove that an individual stole someone’s personal information and used it for personal gain. Or, an individual may have failed to take action that contributed to an identity theft crime.
2. Intent
It is a prosecutor’s responsibility to show that an individual intended to steal someone’s identity. To do so, the prosecutor may look for a motive behind an identity theft crime. The prosecutor may consider the facts surrounding the case, as they can highlight an individual’s awareness of their identity theft actions.
3. Concurrence
Concurrence refers to a prosecutor’s ability to prove both conduct and intent are taking place in conjunction with one another. In an identity theft case, a prosecutor must show that an individual committed the crime with the intent to harm someone. The prosecutor may gather a wealth of evidence and witness testimony in their efforts to do so.
Those found guilty of identity theft in San Diego face up to three years in jail or fines up to $10,000. There are also immigration consequences, loss of gun rights, and other issues that can arise due to an identity theft conviction. By hiring an identity theft attorney, an individual may protect against such problems.
For a free legal consultation with a identity theft lawyer serving San Diego, call (310) 928-9347
What an Identity Theft Lawyer in San Diego Offers
An identity theft attorney in San Diego may consider several options to help an individual get their charges reduced or dismissed. Common defenses in identity theft cases include:
A Defendant Did Not Intend to Defraud Someone
It can be challenging for a prosecutor to show that a defendant willingly attempted to defraud someone. A San Diego identity theft attorney may present evidence and witness testimony to dispute a prosecutor’s claim that a defendant intended to defraud a plaintiff. If successful, the lawyer can raise doubts and concerns about the validity of the prosecutor’s claims.
An Identity Theft Crime Was Not a Willful Act
Willful acts are those in which an individual knows exactly what is being done as they take place. There can be instances when a San Diego identity theft lawyer argues a defendant was unaware of their actions. In these instances, the attorney is tasked with providing evidence and testimony that shows identity theft was done unknowingly or against a defendant’s will.
There Was No Unlawful Purpose for the Identity Theft
A San Diego identity theft lawyer may attempt to show that identity theft may have occurred, but there was no unlawful purpose for it. In this scenario, the attorney may explain how identity theft happened without any reason behind it. This can highlight how a defendant did not act with malice against a plaintiff.
The Defendant Was Falsely Accused of Identity Theft
A defendant can be accused of identity theft with little to no evidence to support the claim. If this happens, an identity theft attorney can illustrate the weak points in a prosecutor’s case. The lawyer can provide evidence and witness testimony that indicates the defendant was falsely accused of an identity theft crime.
There is no telling if a defendant will be convicted of an identity theft crime. Regardless, it is important to partner with an identity theft attorney. This gives the defendant in an identity theft case the best chance of getting their desired case outcome.
San Diego Identity Theft Lawyer Near Me (310) 928-9347
A San Diego Identity Theft Case Can Be Resolved Outside the Courtroom
It may take weeks or months before a San Diego identity theft case reaches its conclusion. Before an identity theft trial is held, a defendant and a plaintiff can negotiate with one another. This gives both parties an opportunity to reach a plea agreement prior to the start of a trial.
A plea agreement allows a defendant to agree to a lesser charge than what was originally proposed. In return, the plaintiff gets the defendant to accept responsibility for their actions in an identity theft claim. Meanwhile, the defendant and plaintiff can resolve their identity theft case without having to attend a trial.
Hiring a San Diego identity theft lawyer is paramount, particularly when it comes to reviewing plea agreements. An identity theft attorney can keep a defendant up to date on any plea agreement proposals. The lawyer can help their client assess a plea agreement and decide how to proceed with it.
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How to Make an Informed Decision About a San Diego Identity Theft Plea Agreement
A defendant should review a San Diego identity theft case plea agreement closely. The defendant should find out what will happen if the agreement is accepted. It is beneficial to weigh the agreement’s pros and cons as well.
The best San Diego identity theft attorney will not push a defendant to approve a plea agreement. Conversely, the lawyer wants the client to feel comfortable with any legal decision. The attorney can explain how a plea bargain works and answer any of their client’s questions about it.
If a defendant in a San Diego identity theft case declines a plea agreement, there is no need to stress. The defendant and their attorney can continue to explore legal options. If necessary, the defendant and their lawyer can go to trial and present a strong argument to a judge or jury.
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Get Legal Help in Your San Diego Identity Theft Case Today
Attorney Michael Simmrin of Simmrin Law Group is available to assist those accused of identity theft in San Diego. He can review an identity theft case and help an individual determine how to combat any charges. To learn more, please contact us today.
Call or text (310) 928-9347 or complete a Free Case Evaluation form