Identity theft is a crime that the State of California takes very seriously. If you’re found guilty, you stand to lose everything you currently have, including your money, your relationships, and your career. Here’s what you should know about what defines identity theft, how California punishes the crime, and how you can defend yourself.
Identity Theft Defined
Identity theft is a serious crime with a simple definition: the willful use of the identification information of another person with the intent to commit fraud. The identifying information doesn’t need to be obtained illegally, and you don’t have to actually commit fraud to be charged with identity theft. Say you came across identifying information of a friend while visiting their house and used it to apply for a credit card. Even if you don’t put charges on the card, you could still be arrested.
Penalties for Identity Theft in California
In California, identity theft is considered a “wobbler” crime, meaning that it can be charged either as a misdemeanor or a felony depending on the circumstances of the crime. The penalties for misdemeanor identity theft include up to a year in a county jail and up to a $1,000 fine. For felony identity theft, defendants could face up to a $10,000 fine and up to three years in state prison. Restitution to the victim to restore their financial status is also often included.
How to Defend Against Charges of Identity Theft
If you were charged with identity theft, you may be able to defend yourself with one of these strategies:
- No intent existed. You didn’t willfully take identifying information to commit fraud; for example, if the victim gave you permission to use their information.
- No evidence exists. If there’s not enough evidence to show that the crime was committed or that it was you who committed the crime, the case may be discharged.
- Your identity was mistaken. It was someone else who committed identity theft against the victim.
- The information accessed doesn’t qualify as identifying. If it’s not a social security number, birthday, or other sensitive information, it may not be considered “identifying,” and therefore identity theft cannot have occurred.
When to Contact an Attorney
More often than not, suspects who are being investigated for identity theft know that they’re being scrutinized. During this time, however, police officers may violate your rights or disregard important governing laws regarding their investigatory conduct. Don’t wait until you’ve been arrested to reach out to a California criminal defense lawyer. Call Wohl Criminal Defense today for a consultation at (951) 384-7375.