Being accused of identity theft is a serious matter that can have life-altering consequences.
Law enforcement agencies rigorously enforce identity theft laws, and convictions can lead to severe penalties, including substantial fines and imprisonment.
If you or someone you know has been accused of identity theft, it’s important to have a skilled defense attorney by your side. An experienced lawyer can navigate the complex legal system, protect your rights, and build a strong defense on your behalf.
Call attorney Robert M. Helfend, with more than 40 years experience helping Californians fight federal charges, at 805-275-5611 for your free consultation.
What is identity theft?
Identity theft is stealing someone else’s personal identifying information with the intent to use it for an unlawful purpose, such as obtaining property, cash, benefits, services and credit. Under California Penal Code 530.5 PC., common types of identifying information include:
- Social security numbers or other tax ID
- Bank account, debit card and pin numbers
- Birth, death or marriage certificates
- Checking and savings account information
- Passport, license or valid Visa information
- School or employee identification cards
- Mother’s maiden name
- Driver’s license numbers
Even basic forms of someone’s identifying information like date of birth, first and last names, physical address, email and password, and phone number can be used alone or in combination to commit identity theft.
Penal Code 530.5 PC divides the crime of identity theft into four sections that define four identity theft situations. Those sections are:
- California Penal Code Section 530.5(a) PC – the willful obtainment of another person’s identifying information, without their consent, with the intent to use it for unlawful purposes
- California Penal Code Section 530.5(c) PC – the willful obtainment of another person’s identifying information, without their consent, with the intent to commit fraud
- California Penal Code Section 530.5(d)(1) PC – the sale, provision, or transfer of another person’s personal identifying information, without their consent, with the intent to commit fraud
- California Penal Code Section 530.5(d)(2) PC – the sale, provision, or transfer of another person’s personal identifying information, without their consent, with the knowledge that the information will be used to commit fraud
California Penal Code 530.5 PC only applies to identity theft cases that are charged by the state of California.
When does identity theft become a federal crime?
While the majority of identity theft cases are prosecuted on a state level, identity theft is also a federal crime and a case can be prosecuted by the federal court if it meets certain criteria. Cases involving the crossing of state lines, large-scale criminal operations or especially large sums of money, for example, generally constitute federal identity theft.
Is identity theft a felony?
Violating Penal Code 530.5 PC in California is a “wobbler” offense that can be charged as either a misdemeanor or a felony, depending on the facts of the case.
When charged federally, identity theft is always a felony offense.
In order to be convicted of identity theft under Penal Code 530.5 PC, the prosecutor must prove that the defendant stole someone else’s personal identifying information for the purpose of committing an unlawful act.
Some common illegal activity that a victim’s stolen identity might be used for include:
- Applying for a car loan in another person’s name
- Applying for a mortgage in another person’s name
- Applying for or opening charge or credit card accounts
- Receiving welfare benefits in another person’s name
- Applying for life insurance in another person’s name
- Forging a check signature to access someone else’s money
- Making purchases with a newly acquired credit card
It is also worth noting that you can be found guilty of violating Penal Code 530.5 PC even of no one was actually defrauded or suffered a loss. The prosecutor only needs to prove that you intended to use the personal information gathered for an unlawful purpose.
Offenses related to identity theft
Depending on the facts of the case, it is possible to be charged for related crimes in addition to identity theft.
The five crimes that are most commonly charged alongside Penal Code 530.5 PC are:
- Forgery – Penal Code 470 PC
- False personation – Penal Code 529 PC
- Grand theft – Penal Code 487 PC
- Credit card fraud – Penal Code 484(e) PC, and
- Mail theft – Penal Code 530.5e PC
Additional charges may lead to additional/harsher penalties if convicted.
If you’re facing charges related to or in addition to identity theft, it is important that you work with a criminal defense attorney who can examine all the facts of your unique case to build the best possible defense strategy.
What are the penalties for identity theft?
Because prosecutors can charge you with identity theft as a felony or a misdemeanor, the penalties and sentencing terms can vary from case to case based on the defendant’s record and the circumstances surrounding the specific case.
Potential penalties for misdemeanor identity theft in California include:
- Misdemeanor probation,
- Up to one year in county jail, and/or
- A fine of up to $1,000
Potential penalties for felony identity theft in California include:
- Felony probation,
- Up to three years in state prison, and/or
- A fine of up to $10,000
An identity theft conviction can also impact your immigration status and gun rights.
Non-citizens who are convicted may be deported and should seek the help of an attorney in order to work to have charges reduced or dropped in order to avoid deportation.
How to fight identity theft charges
If you’re facing charges of identity theft or a related crime, there are legal defense options available to you. It’s important that you seek the assistance of a skilled criminal defense lawyer who can determine the strongest possible defense strategy for you, based on the unique facts of your case.
Below are four of the most common and most effective defense strategies used in identity theft cases.
1. Information wasn’t obtained for an unlawful purpose
In order to be found guilty of violating Penal Code 530.5 PC, any personal identifying information you obtained must have been for an unlawful purpose. If you can provide evidence to show that you were not going to use the information to break the law, then this may be an effective defense strategy for you.
2. No willful act to obtain personal information
The crime of identity theft only occurs in another person’s identifying information is taken willfully, or on purpose. Say, for example, your bank sends you someone else’s account information by mistake that you then unwittingly used, thinking it was your own. You would not be guilty of identity theft, since you did not willfully obtain the information.
3. Lack of intent to defraud
A prosecutor must provide enough evidence to demonstrate that you intended to use stolen personal identifying information to commit an unlawful act. Oftentimes, that unlawful act is some type of fraud.
Because it is impossible to read a defendant’s mind, they must rely on other evidence to demonstrate intent, but can never definitively prove what you were thinking. It is often possible to raise reasonable doubt about whether you acted with intent to defraud.
4. False accusation
It is not uncommon for accusations of identity theft to be brought against a defendant by someone they know who is seeking revenge, such as an ex-partner. In other cases, a person may falsely accuse someone of stealing their identity for their own reasons, such as claiming that their debt is the result of identity theft. Evidence such as phone conversations or witness testimony can be used to show that someone had motive to falsely accuse you of a crime.
Why work with Robert M. Helfend?
Ventura attorney Robert M. Helfend has been representing clients against fraud charges, including identity theft, for more than 40 years.
He understands how acting quickly in such cases can significantly affect the outcome, especially if you’re facing multiple charges. If you hire Robert M. Helfend as your attorney, he will conduct a thorough review of your case, communicate with prosecutors and court officials on your behalf, and form an aggressive defense strategy that is most likely to find you the best possible outcome.
If you’ve been arrested or charged with identity theft or a related crime, Mr. Helfend and his team are ready to take your call. Contact our Ventura law office today for a free initial consultation 805-273-5611.
Published December 6, 2013. Last updated September 13, 2024.