Los Angeles Identity Theft Attorney
California Penal Code 530.5
California Penal Code § 530.5 refers to California's identity theft laws. These laws state that a person commits a identity theft when they unlawfully obtain the personal identifying information of another and use that information for any unlawful reason.
In order to be convicted of identity theft, the prosecutor must prove all of the following elements:
- You were in possession of someone else's personal information
- You obtained the personal information without the individual's consent
- You used the personal information for fraudulent purposes and with the intent to commit fraud
Because identity theft charges and penalties vary from case to case, we encourage anyone face charges under PC 530.5 tocontact us for a free legal consultation.
Types of Identity Theft
Some of the different types of identity theft include using someone's identity to:
- Steal goods or services
- Obtain credit
- Obtain real property
- Obtain medical information
- Steal a child's identity
- Pose as a business to obtain loans
Common Personal Information Used in Identity Theft
According to the statute, personal identifying information may be any forms of ID or documents that include a person's confidential information.
- Another's name, date of birth, address, and telephone number
- Social security numbers
- Driver's license & passport information
- Birth or death certificate information
- Credit cards or banking information
Penalties for Identity Theft in California
A standard charge under PC 530.5 is punishable by fines, imprisonment in jail for up to one year, or both. Charges can and often do vary, however, depending on the facts and circumstances of the case. Identity theft is a common internet and theft crime, and will vary depending on a variety of factors:
- The amount or value of goods, property, or services stolen
- The person or party from whom the goods, property of services were stolen
- A person's criminal record, including any prior theft crime or identity theft convictions
Depending on the circumstances surrounding a case, prosecutors may pursue additional charges for crimes such as mail or wire fraud. Individuals accused of identity theft may also face heightened charges and penalties for committing identity theft against certain persons, including elderly individuals. Although penalties can vary on a case by case basis, convictions can result in terms of imprisonment for as much as three years.
Experirenced Attorneys on Your Side
At Lessem, Newstat & Tooson, LLP, our team of Los Angeles criminal defense lawyers have years of combined experience representing individuals accused of identity theft. We are familiar with the tactics prosecutors use and fight back using our abilities and resources to effectively challenge their case.
“We are blessed to have you for our lawyer and will highly recommend you with your professional and educated advice!”
1,000's of Cases Handled In & Out of Court
50+ Years of Combined Legal Experience
No Recovery, No Fees for All Injury Cases
Strong & Attentive Counsel Available 24/7