How to Successfully Beat An Identity Theft Charge – Penal Code Sections 530.5(a), 529

With the rise of digital transactions and online activities, identity theft has become a common crime, leading to severe penalties. If you find yourself accused, understanding your rights and legal options is crucial. This blog post aims to guide you through identity theft charges in California, offering key defense strategies and insights into how knowledgeable legal representation can help you clear your name and protect your future.

Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.

Understanding Identity Theft

Identity theft involves illegally using someone else’s personal information without their consent for fraudulent purposes. Accusations can stem from various sources, including financial transactions, online activities, or even simple misunderstandings. Knowing the specifics of your charges is the first step toward building a strong defense.

Penal Code Sections for Identity Theft in California

California has several specific sections under the Penal Code that address identity theft, imposing serious consequences for those found guilty. Understanding these sections can provide insights into the legal framework and the severity of the charges one might face.

Penal Code Section 530.5(a)

This section makes it a crime to willfully obtain and use another person’s personal identifying information without their consent for any unlawful purpose, including to obtain credit, goods, services, or medical information. A violation of Penal Code 530.5(a) is considered a “wobbler,” meaning it can be charged as either a misdemeanor or a felony, depending on the specifics of the case and criminal history of the accused. If classified as a misdemeanor, the accused individual can receive up to one year in county jail and/or a maximum fine of $1,000. If charged as a felony, a person faces up to three years in state prison and/or a maximum fine of $10,000.

Penal Code Section 529

Penal Code Section 529 addresses false impersonation, making it illegal for an individual to falsely represent themselves as another person, whether in writing, verbally, or through other means. This includes activities such as signing documents under another person’s name, providing false information to law enforcement, or assuming another’s identity for personal gain or to avoid legal consequences. False impersonation can lead to substantial penalties, including a maximum of $10,000 in fines and three years in state prison. Understanding the implications of false impersonation is crucial for those facing identity theft charges.

Key Defense Strategies for Identity Theft

When facing identity theft charges, it’s crucial to employ effective defense strategies tailored to your specific case. Here are some key defenses that can help demonstrate your innocence:

Lack of Intent

One of the primary elements of identity theft is the intent to defraud. By showing that you did not have any intention to commit fraud or harm, your criminal defense attorney can argue that the crime was not committed. For example, if you mistakenly used someone else’s personal information without knowing it was wrong, this can be a strong defense.

Mistaken Identity

In some cases, the identity of the person committing the crime may be unclear. If there’s evidence that you were not the person who used the stolen identity or that someone else could have committed the act, your criminal defense attorney can argue mistaken identity. This might involve providing alibis or producing witnesses who can verify your whereabouts during the time the crime occurred.

Consent

Another defense strategy is to prove that you had the alleged victim’s consent to use their identifying information. If you can demonstrate that the person whose identity you are accused of stealing gave you permission to use their information for a particular purpose, you may be able to avoid conviction. 

Insufficient Evidence

For a conviction to occur, the prosecution must prove beyond a reasonable doubt that you committed the crime of identity theft. Your criminal defense attorney can challenge the quality and reliability of the evidence presented. This might involve questioning the credibility of witnesses, scrutinizing the methods used to collect evidence, or highlighting gaps in the prosecution’s case.

Victim of Identity Theft

Ironically, you may be a victim of identity theft yourself. If someone else stole your identity and committed crimes in your name, your criminal defense attorney can present this as evidence to clear your name. Providing documentation or expert testimony to show that your personal information was compromised can help substantiate this defense.

Lack of Knowledge

Demonstrating that you were unaware that the information you used was stolen can also serve as a defense. For instance, if you purchased items or services using identification information that you believed to be legitimate, you can argue that you did not knowingly commit identity theft.

Police Misconduct

If there was any misconduct by law enforcement during the investigation, such as illegal search and seizure or failure to follow proper procedures, your criminal defense attorney can argue that the evidence obtained should be inadmissible. This strategy can sometimes result in the dismissal of charges if the evidence is critical to the prosecution’s case.

By exploring these and other defense strategies with your criminal defense attorney, you can build a robust case to counter identity theft charges. Each situation is unique, so it’s important to work closely with seasoned legal counsel to identify the most effective approach for your defense.

The Importance of Legal Representation

Navigating the complexities of an obstruction of justice charge without professional legal assistance is highly risky. An experienced criminal defense attorney can offer invaluable expertise. They understand the nuances of the law and can craft a defense strategy tailored to the specifics of the case.

Contact Wallin & Klarich Today

If you are facing an identity theft charge, you need an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.

Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.