Identity theft is the fastest growing crime in California and is aggressively investigated and prosecuted in Los Angeles. Identity theft convictions can have serious consequences including county jail or state prison time. If you are being investigated for or have been charged with identity theft, you need to consult with an experienced criminal defense attorney before you speak to law enforcement personnel. Do not be caught unprepared. Contact the criminal defense attorneys at Rodriguez, Lewis & Kahn for a free and confidential consultation to discuss your defense options.

What Is Identity Theft

In general terms, identity theft is obtaining and using someone else’s personal identifying information without their knowledge to commit some type of fraud. There are a number of different ways identity theft can be accomplished, for example:

• Buying something online using someone else’s personal information
• Applying for and then using a credit card using someone else’s personal information
• Applying for a bank account, mortgage, or other type of loan using someone else’s personal information
• Creating a fake credit card, driver’s license, green card or official record (e.g., marriage license).

California Identity Theft Law

California Identity Theft Law is contained in Penal Code Section 530.5. This California law prohibits the possession, transfer, sale, conveyance or use of someone else’s personal identifying information for any unlawful purpose or fraud. In California, personal identifying information includes but is not limited to the following:

• Name
• Address
• Telephone Number
• Health Insurance Number
• Social Security Number
• Driver’s License or Identification Number
• Date of Birth
• Mother’s Maiden Name
• Credit Card Number or ATM Pin Numbers
• Passport Number
• Professional or Occupational Number
• Checking or Savings Account Number
• Computer Password
• Alien Registration Number

The prosecutor must prove that there was an intent to defraud. It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss in order to be convicted of identity theft.

In California identity theft can be charged as either a misdemeanor or felony. How the identity theft offense is charged and punished depends on a number of different factors, including:

• The degree of harm to the victim
• The amount of money involved
• The sophistication of the identity theft scheme
• Your past criminal record

Identity Theft Penalties

Even a seemingly minor incident of identity theft can result in significant penalties. For example, misdemeanor identity theft is punishable by up to one year in county jail, fines and informal probation. Felony identity theft is punishable by 16 months or more in state prison. If the crime is charged as a federal offense under the Identity Theft and Assumption Deterrence Act of 1998, the crime is punishable by up to 25 years in federal prison.

Los Angeles Identity Theft Defense Attorneys

The Los Angeles District Attorney’s office aggressively prosecutes identity theft crimes. You need to level the playing field by hiring aggressive and experienced criminal defense attorneys such as Rodriguez, Lewis & Kahn. We will use our 70 plus years of combined legal experience to obtain the best possible outcome for your case. Whether you are facing misdemeanor or felony identity theft charges, the lawyers at Rodriguez, Lewis & Kahn will represent you zealously. Contact us now for a free, confidential evaluation of your case.