Identity theft is a serious criminal offense in California that can carry significant legal consequences. These cases often involve allegations that someone used another person’s personal information without permission. Many individuals accused of identity theft may not fully understand the charges against them or the potential penalties they face. Understanding the severity and potential consequences of identity theft is crucial to protect your rights and future. Schedule your free consultation with a knowledgeable Contra Costa County theft lawyer today for more information and legal assistance.

How is Identity Theft Defined?

Identity theft generally occurs when someone uses another person’s identifying information without permission for an unlawful purpose. In California, this offense is primarily governed by California Penal Code § 530.5, which outlines the following criminal actions.

  • Willfully obtaining the personal information of another individual without their consent and using the information for any unlawful purpose
  • Acquiring or retaining the personal information of another individual, without their consent, and with the intent to defraud
  • Selling, transferring, or conveying the personal information of another individual, without their consent, and with the intent to defraud
  • Selling, transferring, or conveying the personal information of another person, without their consent, and with actual knowledge that the information will be used for any unlawful purpose

The law focuses on the offender’s intent to commit fraud or obtain something of value while using another person’s identity. For the purposes of this offense, personal identifying information may include Social Security numbers, credit card numbers, bank account information, driver’s license numbers, online login credentials, medical information, insurance information, and more.

What Are the Penalties for Identity Theft in CA?

Identity theft is often a “wobbler” offense, meaning prosecutors may file it as either a misdemeanor or a felony. The classification typically depends on the amount of financial loss involved, the number of victims who were affected, and the defendant’s prior criminal record, among other things.

The penalties for identity theft will vary depending on the specific circumstances of the situation, but the general sentencing guidelines for each type of charge are as follows.

  • Misdemeanor: Summary probation, up to 1 year in jail, fines up to $1,000, and victim restitution
  • Felony: Formal probation, up to 3 years in jail, fines up to $10,000, and victim restitution

Aggravating circumstances can increase the severity of your penalties, so it is important to be informed of your legal rights and options.

What Defenses Are Available?

A skilled defense attorney can help employ various strategies to fight identity theft charges. Common defenses include demonstrating a lack of fraudulent intent, arguing that the alleged victim consented to the use of their information, or asserting that the defendant was falsely accused or misidentified.

Challenging the sufficiency of the prosecutor’s evidence, such as showing the information obtained was not “personal identifying information” as defined by law, can also be effective. Your legal defense is critical to protecting your future, so work with an experienced criminal defense attorney today.