With many online retailers and payment methods done on the internet, security for one’s identity is occasionally tested. It’s hard to stay up to date with all the places your personal information goes to, and cases of identity theft are increasingly becoming more common. In the state of California, identity theft is a serious offense with heavy penalties.
Due to the frequency of identity theft cases, it could be possible that you are accused or even charged with this crime. In cases such as this, speaking with a skilled identity theft attorney in San Diego will be your best option. The criminal defense team at the Simmrin Law Group is ready to assist you.
California Identity Theft Laws
When it comes to identity theft laws in California, there are multiple types of information that will fall under this category. The types of identifying information that this law encompasses include:
- Social Security numbers
- Dates of birth, home addresses, telephone numbers
- Tax ID numbers
- Employee ID numbers, or student/school ID numbers
- Credit card and banking information
If any of this information is used illegally, or used without the owner knowing, it’s considered to be a crime. By having this information, there are various crimes that can then be committed.
California follows Penal Code § 528.5, which states what identity theft is and what offenses are chargeable. The following offenses are considered chargeable under this penal code:
- Knowingly taking another person’s information and pretending to be them online without their consent
- Harming or defrauding someone using the internet
- Opening an email account or banking account in someone else’s name
- Using forged documents to be someone else
- Assuming someone else’s name without their consent
For a free legal consultation with a identity theft lawyer serving San Diego, call (310) 928-9347
Penalties of Identity Theft in California
Depending on the case and circumstances, there are severe penalties that come with identity theft charges. If you are found convicted of this crime, you could face any of these following penalties:
- Jail or prison time
- Thousands of dollars worth of fines
- Parole or probation
- Civil liability
To be charged with this crime, you will need to have obtained retail property, medical information, credit information, goods, or services, and use that information in illegal ways and without the permission of others.
You can either get charged with a misdemeanor or felony, depending on the situation and circumstances in your case. It will all come down to how much the victim has lost, and whether or not you have a past criminal record. If you happen to be falsely accused, the case will be dealt with differently.
No matter the circumstances, having a skilled identity theft lawyer in San Diego to offer support and assistance will be of great help to your case. Being charged with either a misdemeanor or felony can bring about all the penalties listed above, making this charge even more difficult to get out of.
San Diego Identity Theft Lawyer Near Me (310) 928-9347
How Can a San Diego Identity Theft Attorney Help Your Case?
If you are finding yourself charged with identity theft in San Diego, an experienced defense lawyer can be of assistance. While your defense lawyer will look at the whole case, they will find a defense that can be used on your behalf.
Some of the defenses to identity theft are as follows:
- The information that you obtained was not used for illegal purposes. Additionally, you must admit to obtaining the person’s information, but did not use this information for any other purpose.
- You are a computer software provider or online services provider and needed to possess the information without using it for any illegal purposes or any other purposes apart from the job.
- Criminal intent was lacking.
- You were falsely accused of this crime or were the victim of this crime.
Unfortunately, if your identity theft is charged as a federal crime under 18 U.S.C. § 1028, things get a bit different. Your lawyer can still find defenses and inconsistencies in the prosecution’s case, but it will be tricky due to the penalties you can be facing.
By facing federal crime charges, you can earn up to 30 years in prison and be required to pay hefty fines. Speaking with a skilled identity theft lawyer can be of assistance in cases such as this.
Click to contact our San Diego Criminal Defense Lawyers today
Seek the Help of a Trusted Identity Theft Lawyer in San Diego
Being accused and charged with identity theft in the state of California is no small charge. If you have been wrongly accused or arrested for any type of identity theft crime, you will need the support and skills of a trusted identity theft defense lawyer.
The San Diego identity theft lawyers at the Simmrin Law Group are the ones to call for cases such as this. If you are ready to get control of your situation and move forward to begin your defense, contact us today. Your first case evaluation is always free and kept confidential.
Call or text (310) 928-9347 or complete a Free Case Evaluation form