fullerton criminal defense attorney

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:

• Financial Fraud: Opening new credit card accounts in someone else's name, making unauthorized purchases (credit card fraud), or taking out loans.
• Medical Identity Theft: Using someone else's health insurance or medical records to get healthcare services.
• Employment-Related Identity Theft: Using someone else's Social Security number to get a job.
• Government Benefits Fraud: Claiming government benefits in another person's name.

The types of identity theft are vast, encompassing various methods and targets. Beyond general identity theft, related charges often include:

• Financial Fraud: Broadly covers deceptive practices to gain financial advantage. This includes internet fraud and other digital scams.
• Credit Card Fraud: Specifically involves the fraudulent use of credit card information.
• Healthcare Fraud: Deceiving healthcare programs or providers to obtain benefits or avoid payments.
• Embezzlement: While distinct from identity theft, what is embezzlement is a good question. It is the type of theft that occurs when a person entrusted with another's money or property fraudulently converts it for their own use. For example, an employee who uses company funds for personal expenses might face embezzlement charges. What is the punishment for embezzlement in California varies depending on the amount embezzled, ranging from misdemeanor to felony.

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.

• How does identity theft work? It often begins with the unauthorized acquisition of information through data breaches, phishing scams, stolen mail, or even dumpster diving. Once obtained, the information is used to commit various fraudulent acts.
• How do you prove identity theft? Proving identity theft can be challenging for both prosecutors and victims. Prosecutors must demonstrate not just possession of the information, but also the intent and actual unlawful use. Victims typically prove it by showing unauthorized accounts or transactions, unusual credit report activity, or receiving bills for services they didn't authorize.

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).

• Punishments for identity theft in California can include: 
  • Misdemeanor: Up to one year in county jail and/or a fine of up to $1,000.
  • Felony: 16 months, two years, or three years in state prison and/or a fine of up to $10,000.
  • Restitution: You may also be ordered to repay the victims for their financial losses.
  • Aggravated Penalties: Additional penalties can apply if the identity theft involves a large number of victims or a particularly high monetary loss.

A charge of identity theft is a serious matter requiring a meticulous defense strategy. Common defenses include:

• Lack of Knowledge or Intent: Arguing that you did not know the information was unlawfully obtained or that you did not intend to commit fraud. For example, you were simply holding documents for someone else without knowing their illicit purpose.
• Mistaken Identity: Proving that someone else used your identity to commit the crime, or that you were falsely accused. How to prove you are a victim of identity theft is relevant here if you are asserting your innocence.
• Entrapment: If you were induced by law enforcement to commit a crime you otherwise would not have committed.
• Insufficient Evidence: Challenging the prosecution's evidence regarding the obtaining or use of identifying information.

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.