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Defending Against Identity Theft Charges

Posted by Dmitry Gorin | Jan 27, 2025

Identity theft has rapidly become one of the fastest-growing forms of white-collar crime, impacting countless individuals and businesses each year. Its prevalence has spurred lawmakers and prosecutors to treat identity theft cases with increasing seriousness.

California prosecutors are adopting a more aggressive stance toward investigating, charging, and prosecuting suspected instances of identity theft. If you find yourself accused of this crime, be aware that you could be subject to significant penalties, including fines and imprisonment.

Defending Against Identity Theft Charges
There are several legal defenses against charges of California Penal Code 530.5 PC identity theft.

However, it's important to note that the burden of proof for these charges rests with the prosecution to establish your guilt beyond a reasonable doubt. A proficient California criminal defense attorney can utilize a range of defense strategies to highlight the weaknesses in the case against you.

Penal Code 530.5 PC says, "(a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment or by imprisonment pursuant to subdivision (h) of Section 1170.

(b) In any case in which a person willfully obtains personal identifying information of another person, uses that information to commit a crime in addition to a violation of subdivision (a), and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.

(c) (1) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment…"

What Are California's Identity Theft Laws?

Under California Penal Code 530.5 PC, identity theft involves the willful acquisition, use, or retention of someone else's personal identifying information without their consent for unlawful purposes.

Personal identifying information can include Social Security numbers, financial account details, medical records, and even online credentials. Common examples of identity theft include opening credit accounts in another person's name, gaining access to sensitive medical records, or fraudulently procuring services or goods.

Penal Code 530.5 PC makes identity theft a crime in different situations, including the following:

  • Penal Code 530.5(a) PC - willfully obtaining someone's personal identifying information and using that information for any unlawful purpose without that person's consent.
  • Penal Code 530.5(c) PC - taking someone's person's personal identifying information without that person's consent, with the intent to commit fraud.
  • Penal Code 530.5(d)(1) PC - selling, transferring, or providing the personal identifying information of another person without that person's consent, with the intent to commit fraud.
  • Penal Code 530.5(d)(2) PC - selling, transferring, or providing the personal identifying information of another person with the actual knowledge that the information will be used to commit fraud.

Under these laws, questions often arise over the exact meaning of personal identifying information, willfully obtaining it for an unlawful purpose and fraud.

What are the Punishments?

PC 530.5 outlines varying degrees of identity theft offenses, with punishments dependent on the specifics of the case. Penalties can vary from modest to severe depending on whether the crime is charged as a misdemeanor or felony, along with other factors such as the amount of loss incurred, prior offenses, etc. Maximum penalties may include:

  • Up to $10,000 in fines.
  • Imprisonment for up to 3 years, and
  • Mandatory restitution to the victims for the financial harm caused by the offense.

What are the Related Offenses?

The prosecutor frequently charges several California crimes along with ID theft, such as the following:

What are the Common Defenses Against Identity Theft Charges?

Fighting identity theft charges is often complex and requires a skilled legal approach. Depending on the specifics of a case, a California criminal defense attorney may use several key defenses.

Lack of Intent to Defraud

One of the most critical elements of identity theft under PC 530.5 is the intent to use someone else's personal information unlawfully or to defraud. If intent cannot be proven, the prosecution's case may fall apart.

Defenses Against Identity Theft Charges

For example, imagine you somehow gained access to someone else's personal information unknowingly, such as receiving private mail sent to you by mistake. If you never used or intended to use this information for any illegal purposes, you may not meet the criteria for identity theft under California law.

Attorneys often focus on dismantling the prosecution's ability to prove intent. This can involve presenting evidence that you did not know the information being used or had no awareness it was obtained unlawfully.

Mistaken Identity

Ironically, a case of mistaken identity could be at the heart of your identity theft accusation. Identity theft often takes place digitally or in ways that leave limited physical evidence, which can result in incorrect accusations.

For instance, if your name, internet address, or location was accidentally tied to fraudulent activity, you may be wrongly identified as the perpetrator.

A defense attorney can investigate and present evidence showcasing that you were not responsible for the crime. This could include alibi evidence, forensic analysis of digital activity, or introducing facts that point to alternative suspect scenarios.

Consent of the Alleged Victim

Another potential defense is that the alleged victim consented to the use of their personal information. While this may be less common, there are situations where a person willingly permits another to use their data, potentially muddling the distinction between lawful use and identity theft.

If consent can be proven, the prosecution may fail to establish the unauthorized use component of identity theft.

Police Entrapment

Entrapment

Entrapment occurs when a government agent or informant induces someone to commit a crime they otherwise would not have committed. If authorities excessively pressured or manipulated you into engaging in identity theft activities, your attorney may argue you were entrapped.

This defense is complex and requires demonstrating that the idea to commit the crime originated exclusively with law enforcement rather than yourself.

Lack of Knowledge

Identity theft often involves multiple layers of activity, particularly in cases of organized fraud schemes. It's possible to be unaware that your actions were linked to unlawful activity or that stolen information facilitated your conduct.

For instance, if you were hired by someone else to perform an innocuous task, like filing paperwork or delivering goods, only later to find out that these actions were tied to identity theft, your attorney may leverage this lack of knowledge to refute the charges against you. You couldn't have the intent to defraud if you were unaware fraud was even occurring.

For more information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.

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About the Author

Dmitry Gorin

Dmitry Gorin is a State-Bar Certified Criminal Law Specialist, who has been involved in criminal trial work and pretrial litigation since 1994. Before becoming partner in Eisner Gorin LLP, Mr. Gorin was a Senior Deputy District Attorney in Los Angeles Courts for more than ten years. As a criminal tri...

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