Identity Theft Laws in California - Penal Code 530.5
California Penal Code 530.5 PC prohibits identity theft, which is defined as using someone else's personal identifying information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without that person's consent.
Identity theft has unfortunately become a prevalent issue, and the federal government is actively combatting this crime. If you find yourself facing identity theft charges, rest assured that our team of experienced California criminal defense lawyers is here to support you. We will immediately investigate your case, guide you through the legal process, and work tirelessly to secure the best possible outcome for you. You are not alone in this.
PC 530 defines Identity theft as when a person knowingly uses another person's personally identifying information to obtain benefits (credit, goods, services, etc.) in the other person's name without consent.
People must prove all elements beyond a reasonable doubt to find the person guilty of this theft.
Identity theft is a serious criminal offense that can lead to severe consequences. It can result in imprisonment in county jail for up to one year, a $1,000 maximum fine or both, or imprisonment in state prison, a $10,000 maximum fine, or both. These potential penalties underscore the critical need for seeking legal representation if you're facing identity theft charges.
Not only can the actual thief be punished, but anyone guilty of receiving, transferring, or holding onto another person's illegally obtained personal information can also be punished by a fine and jail time.
Identify theft is a type of cybercrime prevalent throughout society now, and it's imperative if you're charged with identity theft, you want to get a seasoned criminal defense attorney to represent you and help guide you through the process.
While a PC 530.5 identity theft conviction could lead to jail time, there are potential avenues to avoid this. Factors such as paying victim restitution can significantly influence the outcome of your case, offering hope for a more favorable resolution.
California Identity Theft Jury Instructions
What I look at first when I talk about identity theft, I'm trying to figure out if they have the evidence against my client or not.
Suppose there is a question about that when making my evaluation. In that case, one of the first things I turn to is the jury instructions because that's precisely what will happen.
The case moves forward, and if the person doesn't want to plea bargain with the prosecutors, they will go to trial. So, we need to know what the prosecutors have to prove or what we have to disprove or defend when it comes to an identity theft charge in one of the Los Angeles courtrooms.
CALCRIM Jury Instruction 2040 talks about the unauthorized use of personal identifying information. So, this is the jury instruction that the Judicial Counsel of California came up with when somebody is charged with identity theft. It basically talks about Penal Code Section 530.5(a), and it says:
That defendant is charged (whatever the count) with unauthorized use of someone else's personally identifying information, which is identity theft.
To prove that the defendant is guilty of this crime, the government, the people, and the prosecutors must :
- The defendant willfully obtained someone else's personal identifying information.
They will have to show that you took someone else's information. Of course, you will have the intent to do something with it. But, if you're walking around with someone's I.D. with your picture on it, they're starting to get a good case against you.
- The defendant willfully used that information for an unlawful purpose. This could include using the information to make unauthorized purchases, open fraudulent accounts, or commit other financial crimes.
This usually happens when somebody goes into a store or other location to try to buy goods or services and uses somebody else's ID.
They're using somebody else's information — their credit card. They're going to make this huge purchase and get an item, and then when the payments aren't made on it, and the credit card company realizes it is theft, they will be holding the bag, or the person's credit will be damaged. The other party will get the goods they went after, and that's the crime of identity theft.
The third element that the government is going to have to prove is:
- Did the defendant use the information without the consent of the other person whose identifying information they were using?
So, that makes sense. If no one had consent and used someone else's credit card or a fake I.D., that would be identity theft. But, on the other hand, someone said, use my credit card. Buy something with it, or if your boyfriend, girlfriend, or significant other lets you use their credit card and you have their permission, then that's not identity theft.
Using Witnesses To Prove No Consent
They're going to have a witness say there was a purchase made at Macy*s for $10,000 for a Rolex watch. Did you authorize someone to use your name and credit card? And, of course, the other party will say, no, I would never allow that type of stuff.
The jury instruction also talks about personal identifying information means or is the equivalent means. It talks about Penal Code Section 530.55(b) and defines that.
Then it says, as used here, that a person means a human being, whether living or dead, or a firm, association, organization, partnership, business, trust, company, corporation, limited liability company, or public entity. So they're talking about situations where people are using someone's corporate information.
Let's say they want to buy a bunch of phones from Verizon. They're going to get thousands of dollars worth of phones, and they're going to use somebody else's corporate identity to do that. They'll make a few little payments on it, keep or sell the phones, or do whatever they're going to do, and they're using somebody else's information.
When it comes time to pay those bills, they don't. Now Verizon, or whatever the company is, is out a bunch of money, and there's nobody left to go after because this corporation will say, "We don't know anything about it."
Verizon's loss prevention, security, or fraud department calls this person or corporation and says, " You guys purchased ten phones. It was $10,000. Nobody's making the payments — what's going on? And they're going to say, we didn't do that. We have nothing to do with that. So now, Verizon, or whatever company it is, will be left holding the bag of that theft.
Skilled Lawyer Seeking Best Possible Outcome
Identity theft is serious, not just because it's happening everywhere, but because money is lost, and, probably more importantly, somebody's identity is taken. A lot of times, their credit is damaged. So, prosecutors and judges look at that and see what damage the defendant's actions cause, and they punish the person for that.
So, if you're charged with identity theft or taking someone's information and using it, causing a considerable loss, get to an attorney as fast as possible. I have you come in. You lay out everything. We see what the government can and can't prove, and then I will guide you through the system and try to get you out of it as fast as possible.
Many people charged with identity theft, either at the state or federal level, face prison time. This is because it is a seriously high-level crime as far as prosecutors, police, and judges are concerned. You're taking information from innocent people and using it to your advantage.
Not only do people lose money, but they also lose their reputation when their information is exposed, and a bad mark is potentially placed on their record through no fault of their own. This is a grave crime; if you want to handle it correctly, you want to get with a seasoned criminal defense attorney.
I have you come and sit in my office, and we review everything. We put together a plan designed specifically for you, and we will look at your criminal record.
Hopefully, you have no criminal record. If you do, we'll determine how to differentiate that record from what's happening now and examine what damage you may or may not have caused.
If you've caused no damage, or if we can fix the damage caused by paying the victims back, that might be a way to go, depending on how we decide to deal with the case.
Fight the Case or Negotiate with the Prosecutor?
The first question is whether we will fight the case and say that you're innocent and they cannot prove the case against you or whether we will try to find a resolution.
Suppose we try to work out a deal and mitigate the case. In that case, I'll put together a package for you to present to the prosecutors showing how we will move forward with the case to help the victim and show the good things about you, which are usually not considered in these identity theft cases.
Usually, I see a one-sided investigation geared towards the fact that they think the person is guilty. Therefore, everything they find in every act they see indicates somebody guilty of California Penal Code 530.5 PC identity theft.
However, sometimes, things are not criminal, and the police don't have all the correct information about the case. That's my job as your attorney. I put my 30 years of experience to work for you.
Contact our Law Firm for a Case Review
I know what it takes to get a successful result. I know what it takes to beat the case if they don't have the evidence against you, and I know what it takes to mitigate and negotiate the case if they do have the evidence against you.
So, I suggest you pick up the phone and request a meeting with Ron Hedding. Many times, we can give you a quote over the phone. Also, my office manager usually talks to you. He's been working for me for over 20 years.
He'll give you good information about how the court system works, depending on which courthouse your case is, and what we can do to help you.
Then, he'll set up a meeting with you so we can tackle this and take the first step towards getting you out of the criminal justice system. You'll feel good once you meet with me. We'll talk about the case, and we'll start to take control of it.
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