In today's era and age, private information is more accessible than ever. This is mainly because of advances in technology. Due to this accessibility, fraud, and identity theft cases have also increased. Law enforcement agencies are doing everything they can to fight for these kinds of cases.

California is one of the counties with the highest rate of identity theft cases in the United States. The commonness of the offense and the possible damages caused to victims have resulted in prosecutors aggressively cracking down on identity theft.

Due to how authorities take identity theft seriously, false accusations may arise due to misunderstandings. You, therefore, should have legal representation if someone has accused you of identity theft. We at Monterey Criminal Attorney can help you. We may prove the false accusations successfully and have the D.A. drop your charges. And if there is irrefutable evidence of identity theft, we may successfully negotiate a lenient sentence. Call us today for a consultation.

What Does Identity Theft Mean?

PC Section 530.5 criminalizes identity theft. Per the law, identity theft is willfully acquiring another party's identifying information without their permission and utilizing it for unlawful or fraudulent purposes. The law has various subsections that criminalize various forms of identity theft. These are:

  • PC 530.5(a), which criminalizes willfully obtaining someone else's personal identifying details and using them for any illegal purpose without the person's authorization.
  • PC 530.5(c), criminalizing taking someone else’s personal identifying details without their consent, intending to perpetrate a fraud
  • PC 530.5(d)(1), which criminalizes providing, transferring, or selling someone else's personal identifying information without their consent, intending to perpetrate fraud
  • PC 530.5(d)(2) which makes it an offense to provide, transfer, or sell someone else's identifying information, knowing the information will be utilized to perpetrate fraud.

The Penalties of Identity Theft

California law categorizes identity theft as a wobbler violation. Wobblers are crimes the prosecution can charge as misdemeanors or felonies. The prosecution bases its decision to press misdemeanor or felony charges on various factors, including the accused person’s criminal record and the facts of the criminal charges. If charged with and convicted of a misdemeanor violation, you may face the following punishment:

  • Summary probation. Summary probation is also called misdemeanor or informal probation.
  • Up to one thousand U.S. dollars in court fines
  • Custody in county jail for not more than 12 months

If charged and convicted of a felony violation, you may face felony probation, also called formal probation. You may also be subjected to up to one thousand U.S. dollars in court fines and not more than three years in state prison.

In some instances, your lawyer can talk to the D.A. after your criminal arrest but before charge filing to convince them to file only misdemeanor charges or not file charges entirely.

Immigration Consequences

Identity theft is a crime involving moral turpitude. Thus, immigrants found guilty of it may face deportation (removal) or denial of entry into the U.S. If you are an immigrant facing any kind of criminal charges, seek legal assistance as soon as possible. A lawyer may successfully have the D.A. dismiss or reduce the charges to a non-deportable crime.

Impact on Firearm Rights

A felony identity theft conviction per 530.5 PC will result in losing your firearm rights. That is because California law prohibits convicted felons from owning or possessing firearms. Consequently, if facing felony charges, your lawyer should strive to have the D.A. reduce them to misdemeanor charges or dismiss them altogether. A misdemeanor charge or charge dismissal will not have any gun-related consequences.

Expunging an Identity Theft Criminal Record

You can petition the court to expunge your criminal record after being convicted of identity theft. You qualify for a misdemeanor record expungement provided you successfully serve a jail or probation term, whichever applies. Expunging a felony record, on the other hand, may be challenging. The judge has the discretion to either grant or deny the expungement petition. Expunging a criminal record is favorable. With the record expunged, you will avoid most of the challenges a conviction on your criminal history causes.

What The Prosecutor Must Prove

Simply possessing someone else’s information might not constitute identity theft. For the presiding judge to convict you of identity theft, the D.A. must prove various facts beyond a reasonable doubt. These facts are known as the elements making up the crime. They are as follows:

  • You willfully acquired someone else’s identifying information
  • Without their permission
  • You used the information for unlawful purposes or with fraudulent intent

Questions usually arise on what various terms mean. Here is the definition of the key terms of the elements making up the crime.

Personal Identifying Information

According to PC 530.5, personal identifying information involves details like:

  • A person's birth date, name, telephone number, and address
  • Driver’s license number by the DMV (Department of Motor Vehicles)
  • Social security and tax ID numbers on a person's security card
  • Passport information
  • Employee or place of employment ID number
  • School ID number
  • Bank account numbers or other details
  • Mother's maiden name
  • Credit or debit card number
  • Information on death and birth certificates
  • Financial details on IRS tax returns
  • Passwords
  • PINs
  • Savings or checking account numbers
  • Health insurance identification numbers
  • Alien registration number
  • Electronic data (routing code, address, identification number)

Willfully Acquiring and Illegal Purpose

PC Section 530.5 prohibits willfully obtaining another's personal identifying details for unlawful purposes. You willfully do something when you act on purpose or willingly, not accidentally. An illegal purpose includes illegally obtaining or trying to obtain goods, services, credit, medical information, or real property in another person's name without their consent.

Note that the D.A. need not prove that you committed an act intending to defraud the victim to be criminally liable under PC 530.5.

The Definition of The Term Fraud

“Fraud” means an intentional act meant to achieve an unlawful or unfair gain or make someone else suffer losses. Note that to prove your guilt under this law, the district attorney does not have to prove that:

  • The victim or anyone was indeed defrauded, or
  • Anybody actually incurred a loss

In other words, merely attempting to defraud is enough to lead to charges and a conviction for identity theft.

Consider this example: Abby steals her boyfriend’s credit card and bank details. She plans to use them to buy a new TV for her home. In this case, Abby is criminally liable for identity theft. She took an intentional action meant to cause her boyfriend to incur a monetary loss. She is criminally liable for stealing someone else’s identity even if she fails in her plan to purchase a television.

In many identity theft cases, a person assumes another's identity to steal money. Even though it is a longstanding offense, the laws on identity theft have evolved. The rise of the internet has changed how people steal other's identities. California statutes now limit particular digital activities that could result in identity theft.

Federal Identity Theft

Identity theft is also unlawful under federal statute and is criminalized under 18 U.S.C. 1028. The federal law criminalizes ID theft more severely than California law. Per the Identity Theft and Assumption Deterrence Act of 1998, it is against the law to do the following:

  • Present another person’s ID documents,
  • Knowingly pass on stolen ID documents and
  • Produce, buy, sell, or transport equipment to falsify documents.

Federal police agencies do not pursue small-scale identity theft schemes involving losses of small amounts of money. They only probe sophisticated, intricate schemes whereby significant amounts of money are taken from the identity theft crime.

Usually, the FBI is involved in federal identity theft cases. The bureau will not launch an investigation because somebody used another party’s information or account to purchase some items at the mall. They are concerned with much bigger schemes, like utilizing identity theft profits to facilitate a drug cartel.

The bureau also probes these offenses in partnership with local, state, and other federal task forces. Many types of stolen identities are utilized to perpetrate federal identity theft offenses under 18 U.S.C. 1028. These are:

  • Date of birth
  • Social security numbers
  • Death or birth certificate
  • Telephone numbers
  • Address
  • Credit card or bank numbers
  • Passport numbers
  • Medicare numbers
  • Parent’s maiden name

18 U.S.C. 1004 describes the offense of fraudulent certification of checks.

If found criminally liable for federal identity theft that involves transferring, counterfeiting, or producing  ID, fraudulently obtaining goods or currency up to one thousand dollars, or possessing equipment to produce documents, the consequences may include hefty fines and a maximum of fifteen years in federal prison.

If found guilty of federal identity theft linked to a violent offense or for purposes of drug trafficking or have a past identity theft conviction, the consequences will include hefty fines and a maximum of twenty years in federal prison.

If found criminally liable for identity theft linked to means of committing or aiding international or domestic terrorism, the consequences will include hefty fines and a maximum of thirty years in federal prison.

It is essential to note that under California and federal law, each use of someone else's personal details is considered a separate violation, even if it is against the same victim.

Defending Against Identity Theft

An experienced defense counsel can assist you in fighting ID theft charges, regardless of how small or big they are. Whether you are subject to a felony or misdemeanor, a skilled lawyer can work to obtain a favorable outcome by arguing the most valid defenses. The following defense strategies are persuasive with juries, judges, and prosecutors in trying to defend against identity theft charges:

  • You did not have an illegal purpose when you obtained the personal details
  • You never acted willfully to acquire the personal details
  • You never intended to defraud anybody
  • Somebody falsely accused you

No Illegal Purpose When Obtaining the Personal Details

Remember that the judge would only convict you under 530.5 PC if you acquired personal details for illegal purposes. It is, therefore, legal for your lawyer to prove you were never going to violate the law when you obtained the information. Your lawyer could assert that you took the information at your employer's direction to prepare a report or for other unlawful reasons.

You Never Acted Willfully To Acquire The Personal Details

Also, remember you can be criminally liable for committing identity theft only if you took a willful action to retrieve personal details. It is, therefore, a legal defense to argue that you never took certain information purposefully. Maybe you found yourself with another person’s information accidentally.

Your lawyer can help you compile any valid evidence to demonstrate the absence of willfulness. Based on the facts of your case, this may include:

  • Eyewitness statements
  • Surveillance video
  • Recorded communications

You Never Intended To Defraud Anybody

Based on your case facts, the D.A. may need to demonstrate you committed an act intending to defraud for a conviction to occur. That means you can argue that you never acted with this required intent.

Lack of intent is usually the strongest legal defense your lawyer can argue. That is because the district attorney can never conclusively prove what was on your mind when you committed the crime. If your legal counsel can cast a reasonable doubt on your intention, the D.A. should dismiss the charges against you.

Somebody Accused You Falsely

It is not uncommon for people to be falsely charged with violating PC Section 530.5. False identity theft accusations arise when someone (for example, an ex-friend or ex-partner) is trying to land another in legal trouble out of revenge, jealousy, or anger. In some instances, total strangers attempting to freeze themselves from their debts find victims on social networks and target them.

The ideal evidence to prove someone accused you falsely is a recorded conversation between the accuser and you, showing they have a notice to lie against you. If your legal counsel can successfully impeach the supposed victim’s credibility, the prosecution will have difficulty sustaining the charges against you.

Interactive Software or Computer Service Provider

Federal statute particularly exempts interactive software or computer providers from identity theft charges unless they transfer or sell the information intending to perpetrate fraud. If you are an access software or computer service provider, you can argue you did not have a fraudulent intention.

Avoiding Identity Theft

Identity theft is on the rise in California, and there are various steps you can take at a personal level to help lower the risk. These include the following:

  • Avoid sharing your personal details with sources or people who are untrustworthy
  • Frequently check your online accounts with financial institutions for withdrawals you are unfamiliar with
  • Frequently check your credit reports from the credit bureaus
  • Invest in and install a mailbox key lock
  • Shred or destroy old credit cards and documents
  • Come up with smart passwords
  • Avoid utilizing public internet sources to view or access sensitive information.
  • Change passwords once there is any reported data breach
  • Look out for the most recent scams and other warning indications of identity theft

Related Crimes to Identity Theft

Sometimes, a prosecutor can charge another crime alongside or instead of the crime of identity theft. They do that because the crime has similar or shared facts with identity theft. Various offenses that prosecutors can try instead or alongside identity theft include the following:

PC 529, False Personation

California law under PC 529 criminalizes false personation. This code defines false impersonation as using another party’s likeness, identity, or name to inflict harm or gain an advantage illegally, for example, obtaining employment or credit. If you steal someone’s identity and use it to, for example, secure employment illegally, the district attorney can prosecute you under both PC Sections 530.5 and 529.

False personation is considered a wobbler. A misdemeanor conviction carries summary probation, not more than 10,000 dollars in court fines, and a jail sentence of up to one year. A felony conviction is punishable by formal probation, not more than $10,000 in court fines, and a jail term that does not exceed three years.

PC 484(e), Credit Card Fraud

PC 484e criminalizes stealing a debit or credit card or the details contained on the card. If you steal another person’s credit card and use it to make transactions in their name, the D.A. could simultaneously charge you with credit card fraud and ID theft. Credit card fraud is a wobbler offense. If convicted of a misdemeanor, you may face a jail sentence of up to a year and up to $1,000 in fines. On the other hand, a felony carries an incarceration period that does not exceed three years and up to $10,000 in fines.

PC 487, Grand Theft

PC 487 describes the criminal offense of grand theft. Essentially, it involves stealing property worth more than $950. You can perpetrate grand theft in various ways, including grand theft by larceny, false pretense, trick, or embezzlement. If you commit grand theft by pretense, the D.A. can charge you with identity theft and grand theft. Grand theft by false pretense involves:

  • Knowingly and deliberately deceiving someone by telling them something that was not true,
  • Intending to convince the person to allow you to assume possession of their property and
  • The person relied on your false pretenses and allowed you to assume ownership of their property.

So, let us say you stole someone else's identity and used that identity to convince another person to let you have their property. You can face charges under PC 530.5 and PC 487 in this case. Grand theft by false pretenses is a wobbler offense. A misdemeanor conviction carries a maximum of 12 months in jail. A felony conviction carries formal probation with a maximum of one year in jail or three years, two years, or sixteen months in custody.

PC Section 470, Forgery

PC 470 defines forgery as falsifying a seal or signature or counterfeiting a document with fraudulent intent. Some activities that the forgery law criminalizes are signing another person’s name and counterfeiting another’s handwriting. That would be like assuming their identity; thus, you can be subject to both charges.

Forgery is a wobbler violation. A misdemeanor conviction is punishable by informal probation, a jail term of up to 12 months, and a fine not exceeding one thousand U.S. dollars. A felony conviction will carry formal probation, $10,000 in court fines, and a county jail term that does not exceed three years.

PC 530.5(e), Mail Theft

Stealing another person’s mail is an offense under California PC 530.5(e). This crime is considered a misdemeanor punishable by up to 12 months in custody, a fine not exceeding $1,000, and summary probation.

PC, 476, Check Fraud

PC 476 prohibits the crime of check fraud. You commit check fraud when you pass, make, publish, or utter a fraudulent or fake check seeking to receive something valuable. This is a wobbler crime. A misdemeanor conviction will carry up to a year in jail and up to $1,000 in fines. A felony conviction, on the other hand, carries a fine of up to $10,000 and a maximum of three years in jail. You can face charges under PC Sections 476 and 530.5 if you pass a check written in another person’s name as your own.

Find a Skilled White Collar Crimes Defense Counsel Near Me

The white-collar offense of identity theft carries severe consequences if convicted. If you are under investigation or the prosecution has already charged you, you want to consult a knowledgeable criminal defense attorney immediately. A lawyer can successfully negotiate with the D.A. for reduced charges, but they also develop a defense strategy that can be instrumental to your case.

At Monterey Criminal Attorney, we provide quality legal representation for all types of identity theft violations. We will evaluate each of your case facts and devise a strategy to realize the possible outcome. We may even employ pre-filing intervention strategies to persuade the D.A. not to file charges. Reach us at 831-574-1791 for a free consultation and case review.