Will You Go to Jail for California PC 530.5 Identity Theft?
California Penal Code 530.5 PC defines identity theft as taking a person's personal identifying information without their consent and using it fraudulently.
The personal identifying information includes:
- a person's name and address,
- Social Security numbers,
- driver's license number,
- bank account information,
- credit card numbers
- PINs,
- passwords,
- mother's maiden name,
- birth or death certificate information.
This statute is a “wobbler” offense that the prosecutor can file as either a misdemeanor or felony.
PC 530.5 defines identity theft as:
- “Any person who willfully obtains personal identifying information of someone and uses it for any unlawful purpose, including obtaining, or the attempt to obtain, credit, goods, services, real property, or medical information without consent.”
Fraud is a deliberate act designed to secure an unlawful gain or cause someone to suffer financial loss.
However, a prosecutor does not have to prove that someone violated Penal Code 530.5 identity theft laws by being defrauded or suffering a loss.
Our Los Angeles criminal defense attorneys will review this statute more closely below.
What Are The Penalties for PC 530.5 Identity Theft?
Penal Code 530.5 identity theft is charged as a wobbler offense, meaning they can file the case as a misdemeanor or felony. Penalties will depend on prior convictions and the severity of the crime.
If convicted of misdemeanor identity theft, it's punishable by:
- up to one year in county jail,
- a fine up to $1,000,
- summary probation.
If convicted of felony identity theft, the penalties include:
- up to three years in a county jail,
- a fine of up to $10,000,
- formal probation.
What are the Related California Crimes?
- Penal Code 484e PC – credit card fraud,
- Penal Code 470 PC – forgery,
- Penal Code 476 PC – check fraud,
- Penal Code 529 PC – false personation.
Paying Victim Restitution to Avoid Jail Time for Identity Theft
California is a mecca for identity theft, especially in Los Angeles. All sorts of scams are going on where people are stealing other people's identities in various scams and schemes in LA County.
One thing I can tell you for sure, having defended thousands of identity theft-related offenses over the years, is that prosecutors, the police, and judges hate identity thieves.
This is one crime. They'll try to put you in jail and even prison if they're able to punish and protect the public, including themselves.
You have to look at these cases from that framework, which is that the prosecutors and judges put themselves in the shoes of the victims when they deal with them.
So, the first thing they will want to do is get the victim made whole again. In other words, they want to ensure that whoever the victim is of an identity theft scheme is compensation, commonly known as victim restitution.
If we can compensate the person who is the victim of the crime, we start to put ourselves in a good position to avoid jail or prison time.
Criminal record
The next thing prosecutors and judges will look at in determining whether somebody goes to jail is their criminal record.
Suppose the person has a criminal record for identity theft, some theft offense, or something similar to the crime they're being prosecuted for. In that case, you can bet your bottom dollar that the judges and prosecutors will try to do everything they can to put that person in jail or prison and keep them there as long as possible.
Defending Penal Code 530.5 Identity Theft Cases
So, if you or a loved one is charged with identity theft in California, you must get an attorney who will look out for you and try to ensure that you don't end up with a lengthy jail or prison sentence.
You've come to the right place. I've got several strategies that can be utilized in identity theft-related offenses. The first thing we need to do is:
- meet and talk about what happened,
- why it happened,
- figure out what the law says, and
- what, if anything, can we do to keep you out of jail or prison?
Many clients want to know whether they can defend their identity theft fraud cases.
Of course, any great criminal defense attorney is going to look to see if you have a defense, but in these types of cases, you're certainly not going to be able to manufacture a defense.
The defense would have to flow naturally, make sense, and be obvious. You'd have to be innocent, or the prosecutors would have problems proving the case for a certain reason.
Some of the most common defenses against identity theft charges include:
- lack of intent to defraud,
- not a willful act,
- no unlawful purpose.
Initial Strategy Session to Discuss Case
I would like you to come into my office, and we can review all the details. I encourage you to be honest and give me all the facts, not just the ones you want to give because they help you.
I need the facts that will be used to try to convict you; that way, we can ascertain whether or not you have a defense.
If you do have a defense, either we take the case to trial or we do a preliminary hearing and try to get the case dismissed, or we file some sort of a motion if a motion is applicable in your case to try to get rid of the case.
If you're found not guilty or the case gets dismissed, then you don't have to worry about doing any jail time.
But remember. The deck is stacked against you if you have an identity theft case in California because there are so many cases, and even the people who are prosecuting these cases are being touched.
They often take these cases personally, so bear that in mind when you're dealing with them. So, I would say that of all the cases you could use an attorney for, an identity theft criminal case is definitely one of them. California has been plagued by identity theft for many years.
But now, with the various scams available to people once they steal your identity, it's unbelievable how much is going on and how difficult it is for authorities to keep up with it.
When they do catch somebody, they'll do everything they can to ensure their punishment. If you're looking for an attorney with experience, you've come to the right place. I've been doing this for 30 years. I've worked for prosecutors, a Superior Court judge, and a criminal defense attorney defending identity theft-related offenses since 1994.
You can see you've come to the right place. I've got the skill. I've got the know-how to get you the best result. Pick up the phone now and contact the Hedding Law Firm.
