714-978-9988. Fullerton Criminal Defense. Call now
714-978-9988. Fullerton Criminal Defense. Call now
In our increasingly digital world, identity theft has become one of the fastest-growing white-collar crimes. A charge of identity theft in California can lead to severe criminal penalties, including significant fines and lengthy prison sentences. Whether you've been falsely accused or are trying to understand the nuances of this complex offense, it's vital to grasp what is identity theft under California law.
At Poseidon Defense APC, Geronimo will defend individuals against complex white collar crime charges, including identity theft crimes. He understands the intricate details of these cases and works tirelessly to protect your reputation and freedom.
At its core, identity theft involves the unauthorized use of another person's identifying information to obtain credit, goods, services, or information, or to commit a crime. In California, the primary statute governing this offense is Penal Code 530.5 PC (PC 530.5).
What does identity theft mean legally? Under Penal Code 530.5 PC, a person commits identity theft if they willfully obtain someone else's personal identifying information and use it for an unlawful purpose, without the person's consent. This can involve:
The types of identity theft are vast, encompassing various methods and targets. Beyond general identity theft, related charges often include:
You can be charged with identity theft if prosecutors can prove you willfully obtained personal identifying information (e.g., name, address, Social Security number, driver's license number, credit card number, medical information) and used it for an unlawful purpose without the owner's consent.
Identity theft laws in California classify the offense as a "wobbler," meaning it can be charged as either a misdemeanor or a felony, depending on the specifics of the case (e.g., the amount of financial loss, the number of victims, the sophistication of the scheme, or prior convictions).
A charge of identity theft is a serious matter requiring a meticulous defense strategy. Common defenses include:
Being accused of cyber crimes or computer crimes related to identity theft requires an attorney who understands both criminal law and the technical aspects often involved.
The consequences of an identity theft conviction can be severe, impacting your freedom, finances, and future opportunities. If you are facing charges under Penal Code 530.5 PC or any related fraud or embezzlement allegations, it is critical to seek legal guidance immediately. An experienced criminal defense attorney can help you understand the charges, explore potential defenses, and work to achieve the best possible outcome for your case.
Contact Poseidon Defense APC today for a confidential consultation. Your defense against these complex charges starts here.
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