Identity theft typically involves the use of another’s identity or personal information without permission to commit fraud or some other financial-related crime.
What is an Identity Theft Charge?
Under California Penal Code 530.5 P.C., you can be prosecuted for intentionally obtaining the personal identification information of another person for an illegal purpose.
Identity Theft is typically charged in conjunction with other crimes, such as credit card fraud, Forgery, Grand Theft, Petty Theft, or other types of fraud or theft crimes.
Identity Theft is a “wobbler” offense, meaning that you can be charged with either a felony or a misdemeanor, depending on the facts of the case and your criminal record. However, the District Attorney’s Office will almost certainly charge you with a felony if you were previously convicted of Identity Theft, if you sold someone the victim’s identity information knowing that the buyer would use it to defraud the victim, or you were in possession of at least ten different identities of victims.
You can be charged with Identity Theft if you allegedly illegally obtained any of the following personal identifying information, or which you legally obtained for an illegal purpose: the alleged victim’s name, Social Security number, date of birth information, driver’s license number, address, telephone number, credit card information, health insurance information, place of birth and employment, etc.
You can also be charged with Identity Theft if you allegedly accessed someone’s social media accounts and misappropriated any of those accounts by assuming that person’s identity. Or you can be charged if you allegedly altered the information in those accounts, including that person’s profile. Or you can be prosecuted for allegedly providing another person’s information to a police officer. Further, you can be charged if you allegedly opened up a credit card account or department store account in another’s name.
Finally, you can be charged if you allegedly sold or transferred another person’s name and/or identification information to a third party without authorization. Finally, you can also be prosecuted if you allegedly opened someone else’s mail or received someone else’s mail.
What are Examples of Identity Theft?
Examples of Identity Theft include the following:
What Does the Prosecutor Need to Prove for an Identity Theft Charge?
To prove that you are guilty of Identity Theft under California Penal Code 530.5 P.C., the prosecutor must prove each of the following elements (as required by the Judicial Council of California Criminal Jury Instructions CALCRIM 2040):
What Happens If I am Convicted of an Identity Theft Charge?
If you are convicted of Identity Theft under California Penal Code 530.5 P.C., you face the following punishment (excluding any sentencing enhancements):
What are My Possible Defenses to an Identity Theft Charge?
Burglary cases can often be resolved during the investigation stage even before criminal charges are actually filed. Specifically, a highly experienced and skilled Los Angeles County Burglary attorney like Ninaz Saffari might be able to convince the investigating detective to not refer the case to the District Attorney’s Office for prosecution, or to convince the D.A.’s Office not to file charges if the case has already been referred. These are called Pre-Files, which Ms. Saffari has a great deal of experience in successfully negotiating. See her Case Results.
If you are charged with Burglary, Ms. Saffari will first conduct a thorough investigation, often with the help of her private investigator, to ascertain all relevant facts. Again, if possible, she will attempt to get the charges dismissed either before or shortly after they are filed. If she takes the case to trial, she will often use an expert witness who will argue that the alleged harm never occurred, did not occur to the degree claimed, occurred but was the result of an accident or unintentional conduct, or that the District Attorney has otherwise failed to provide enough evidence to meet the high threshold to prove Burglary.
The following are the possible defenses to an Identity Theft charge:
What Kind of Identity Theft Has Ninaz Saffari Defended?
Since 2005, Ninaz Saffari has successfully represented many clients against Identity Theft charges, and has defended both adults and juveniles.--
If you or a loved one are currently being investigated or prosecuted for this crime, it is critical that you immediately hire a highly skilled, aggressive and experienced Los Angeles County Identity Theft criminal defense attorney like Ninaz Saffari. Contact the Saffari Law Firm, P.C. now for a free telephone consultation. If Ms. Saffari believes she can help you, she will immediately schedule a free in-person meeting or, if you are in custody, she will visit you in jail (again, for free and with no obligation to hire her).
Representing All Of Los Angeles County including:
Downtown Criminal Courts Building
Van Nuys Courthouse
San Fernando Courthouse
Long Beach Courthouse