Rodriguez Lewis & Kahn
Click here to connect to our office now. Haga clic aquƭ para espaƱoles.
Home Attorney Profiles Criminal Defense Contact Us

Identity Theft Charges

Identity theft is one of the fastest growing crimes in the country. Criminals commit this crime for the purpose of obtaining credit, money, goods, or medical information. In 2010, there were more than eight million victims of identity theft in the country. More than one million of them were residents of California.

California Laws

Identity theft is the deliberate use of another person's name, date of birth, driver's license number, Social Security number, or any other form of personal identification without permission. You can be charged with identity theft if you falsely pose as another person or gain access to their finances. It is a felony in the state of California to commit an act of identity theft for any unlawful purpose. Identity theft is covered under Penal Code §520.5. The U.S. legislature enacted the Identity Theft and Assumption Deterrence Act of 1998 to protect victims of identity theft. As an individual accused of identity theft, you also have rights of your own that should be protected.

Penalties for ID Theft

Identity theft in the state of California is considered a wobbler. This means that the crime can be charged and punished as either a misdemeanor or felony. If you are charged with a misdemeanor identity theft, you can face up to one year in jail and a fine of $1,000. If it is punished as a felony, you can face up to three years in state prison and a $10,000 fine. If it is prosecuted as a federal case, you can face extended prison time and increased fines.

Legal Defenses

There are a few common defenses that can be used to represent your case. One defense is if you did not use the information for an unlawful purpose. If you did not have a criminal intent in the act, this distinction can be used as a defensive measure to help avoid severe penalties. If you are the victim of mistaken identity or false accusations, our firm can also use this information to defend your case.

There are many ways to protect your rights if you are falsely accused of a crime you either did not commit or did not commit for illegal purposes. We can attempt to have your case dismissed prior to any charges being filed if you act quickly and contact our firm. This is a serious situation that can change your future, so call today!


Facebook Twitter Google+ Coming Soon
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.