Under California Penal Code 530.5, identity theft is the taking or using of another person's identification for identification purposes to defraud them of money or property. Identity theft laws prohibit using another person’s personal information, including social security numbers, credit card information, names, or medical information. An arrest for engaging in this behavior attracts severe legal consequences.

You can be sure that the prosecution will aggressively pursue your case to secure a conviction if you are charged with identity theft. A conviction for violating PC 530.5 attracts severe legal and collateral consequences. In addition to spending a lengthy time behind bars and paying hefty fines, the conviction will enter your permanent criminal record. Having such a conviction on your record can impact your professional and personal lives.

Seeking legal insight is critical if you or a loved one faces identity theft charges. Your attorney will help protect your constitutional rights during your investigation and build a solid defense against your case. At California Criminal Lawyer Group. We offer top-notch legal guidance to all clients facing identity theft charges in Fresno, CA.

Understanding California Penal Code 530.5

Identity theft is a white-collar crime that occurs when you take another person’s identification information for fraud. Although identity theft is mainly associated with internet fraud, some acts, like using a social security card you collected without the owner’s consent, will violate Penal Code 530.5. Typical forms of identity theft under California law include:

  • Criminal identity theft. This identity theft involves using another person’s identification information to commit a crime and evading liability for your actions.
  • Medical identity theft. Using another person’s name or insurance information to seek medical care or access medical products may attract criminal charges for identity theft.
  • Financial identity theft. Using another person’s identity to access their financial information or open new accounts is considered financial identity theft.
  • Identity cloning. You can be found guilty of identity theft through identity cloning if you use another person’s information to conceal your identity. An example of identity cloning is using a social security number belonging to another person for your employment.
  • Synthetic identity theft. You can be guilty of synthetic identity theft for using another person’s information to create new identities.

Before you are found guilty of violating PC 530.5, the prosecuting attorney must establish these elements of the offense beyond a reasonable doubt:

You Unlawfully Took Another Person’s Identification Information

The first element the prosecution must prove when showing your guilt under PC 530.5 is that you took identification information belonging to another person. Under this statute, identification information could be any of the following:

  • A person’s name and birth date.
  • Telephone number and address.
  • Someone’s social security number and card.
  • Driver’s license and passport information with the Department of Motor Vehicles.
  • Employee or school I.D.
  • Bank account information.
  • Credit card information.
  • Financial information.
  • Information contained in a death or birth certificate.
  • Another person’s pins and passwords.

Your Actions Were Willful

Another factor that must be clear to establish your guilt under identity theft laws is that your actions were willful. This means that you took another person’s identification information on purpose. This level of intentionality does not mean that you sought after the information. Even when you stumble upon a person’s identification information and take it for personal use, you can be charged with identity theft.

For example, you could be charged with identity theft if you come across another person’s email password and keep it for future use to access their email and defraud others.

You Acted Without the Knowledge or Consent of the Owner of the Information

Taking or using another person’s identification information is criminal when the data owner is unaware of your actions and intentions. The prosecution must show that the owner of the information you took or used did not know of your access to it.

You Acted With a Fraudulent Intent

Your intentions with the information you took without the owner’s consent must be clear to establish your liability for identity theft. A fraudulent act is any act accomplished with the intention of illegitimate gain or at the expense of another person. Using another person’s identification to obtain property or money will make you guilty of identity theft.

Sentencing and Punishment for Identity Theft in California

A violation of California PC 530.5 is a wobbler. This means the crime can be charged as a felony or a misdemeanor. Although the prosecution has discretion in filing criminal charges, the following factors may impact how your offense under this statute is charged:

  • Your criminal history. California law is strict on repeat offenders. Being a repeat offender may indicate your inability to recover from your criminal acts. If you have a conviction for identity theft or another white-collar crime, the prosecution could file a felony charge against you. This will ensure that you face maximum punishment for your offense.
  • Your intentions with the information you obtained. During your identity theft case investigation, law enforcement officers will seek to discover your intentions with the information you acquired. Most people use other people’s information for financial purposes or to commit crimes. The prosecution will consider your intentions when determining the nature of your charges.
  • Amount of loss you caused the alleged victim. If you are charged with identity theft for using another person’s identification information for financial gain, the amount you defrauded may help determine how your crime will be charged. Defrauding a large sum of money or valuable property will result in a felony charge.

If you are charged with misdemeanor identity theft, a conviction will result in a one-year jail sentence and fines not exceeding $1,000. A felony conviction, on the other hand, will see you spend between sixteen months and three years in state prison. Additionally, the court may impose fines of up to $10,000.

Probation for Identity Theft

California law has three primary sentencing schemes: incarceration, fines, and probation. In most cases, probation will be imposed as an alternative to incarceration. The probation sentence allows you to serve part of your jail or prison sentence on probation. You could be sentenced to formal or informal probation, depending on the nature of your criminal charges.

Formal probation is supervised and lasts up to five years. On the other hand, informal probation is imposed after a misdemeanor conviction and lasts between one and three years. Although probation can save you from the stigma of spending time behind bars, not all defendants are eligible.

You may be sentenced to probation for identity theft if you are a first-time offender or did not commit fraud with the information you obtained unlawfully. The court attaches the following strict conditions to your probation sentence:

  • Regular check-ins with the court or probation officer. The court is always interested in your progress during probation. If you are on felony probation, a probation officer is appointed to ensure you follow all probation terms. This means that you must report to the officer regularly. For defendants on misdemeanor probation, regular check-ins are made with the court.
  • Avoid further criminal acts. A probation sentence acts as a way to help you avoid incarceration and restore the victims of your crime. However, you should not engage in further criminal activity during your probation sentence.
  • Payment of court fines and restitution. If you are sentenced to probation for identity theft, you must pay your fines and victim restitution.
  • Random searches. All individuals are protected from unlawful searches under California law. The police can only search your person or property with a valid warrant. The court may order that you undergo random searches while you serve your probation sentence.

Lasting Consequences of a PC 530.5 Conviction

An identity theft conviction will devastate your life long after you have served your jail sentence and paid your fines. You will face the following collateral consequences after your conviction:

  • Severe immigration consequences. If you are found guilty of felony identity theft, Immigration and Customs Enforcement could seek to deport you or render you inadmissible. Deportation means that you will be forcefully removed from the United States, while inadmissibility means you cannot return to the country once you leave.
  • A permanent criminal record. A conviction for identity theft will remain on your record until you expunge it or seek a certificate of rehabilitation. A conviction for such an offense could ruin your employment chances and cause you to lose your professional license.
  • Social stigma. Identity theft is a crime involving lies and extreme dishonesty. Since criminal convictions are public records, individuals who perform a background check on you can use the conviction against you.

Can I Expunge a Conviction for Identity Theft?

A conviction for violating PC 530.5 will impact your personal and professional lives. Fortunately, there are several forms of post-conviction relief that you can use to eliminate the disabilities associated with your conviction, including an expungement. Under California PC 1203.4, an expungement is a legal proceeding where the court allows you to withdraw your guilty or no-contest plea and exchange it with a not-guilty plea before dismissing your case.

An expunged criminal conviction cannot be used to discriminate against you by employers or professional licensing boards. Expunging your identity theft conviction involves filing a petition and attending a court hearing. However, not all defendants can expunge their convictions. You must ensure you meet the following eligibility criteria before filing your expungement petition:

  • You have completed your probation. The court can sentence you to probation instead of jail or prison. You must complete your probation sentence before the court grants you an expungement. Completing your probation entails serving the entire sentence and following all the probation conditions.
  • You should not be facing charges or serving a sentence for another crime. If you are charged with another offense or are serving a sentence for another crime, you cannot secure an expungement for identity theft.

Legal Defense Against Identity Theft Charges

The stakes are high for defendants facing charges of identity theft. Therefore, you must be aggressive to fight the charges and avoid a conviction. Common defenses you could use against your PC 530.5 charges include:

No Unlawful Purpose

The prosecution must prove that you obtained another person’s identification information for an unlawful purpose before being convicted of identity theft in California. Sometimes, you may collect other employees' personal information to compile a report for your employer. In this case, the prosecution may not show that you intended to unlawfully use the information you obtained.

Your Actions were not Willful

One of the elements that needs to be clear to secure a conviction for violating PC 530.5 is that you acted willfully. Your actions, in this case, must have been deliberate. Therefore, you can avoid a conviction under this statute by arguing that you obtained the information accidentally. This defense would be more applicable to your case if you did not share or use the identification information you claimed to have accidentally obtained.

False Allegations

False accusations are a common basis for an identity theft claim. A person can falsely accuse you of an offense out of anger or revenge. This could arise from close family or friends who know you may have access to their information. Sometimes, strangers attempting to evade their debts or liability for criminal acts could falsely claim identity theft.

Facing a conviction for a serious crime like identity theft based on a false allegation can be devastating. For this reason, you will need a competent criminal lawyer to uncover the false claims and avoid a conviction.

Lack of a Fraudulent Intent

You can only be found guilty of identity theft if the prosecutor can show that you obtained the personal information belonging to someone else with fraudulent intent. Intentionally committing fraud may involve getting money or property you do not deserve. You can avoid a conviction under PC 530.5 by showing that your intention when obtaining the information in question was not fraudulent. Proving intent is challenging for the prosecution. Therefore, you can prey on that fact to create a reasonable doubt in the case and avoid a conviction.

Insufficient Evidence

The prosecution must prove all the elements of identity theft beyond a reasonable doubt to secure a conviction. Proving these elements will require the prosecutor to present physical evidence, circumstantial evidence, and witness testimony to support their claims against you.

If there is not enough evidence to prove that you took the identification information and intended to use it fraudulently, you cannot be convicted of this crime.

Identity Theft Under Federal Law

Identity theft can result in federal criminal charges under 18 U.S.C. 1028. Depending on the circumstances of the case, your offense can result in state or federal charges. Federal law makes it a crime to display, use, or transfer another person’s identification information. A conviction in federal court results in a harsher sentence with more collateral consequences.

A conviction for federal identity theft will result in the following punishment:

  • Up to fifteen years in prison. You must understand that a sentence in federal court must be served in full before you are eligible for release.
  • Fines of up to $250,000 for an individual offender and $500,000 for a company.

If you committed identity theft to facilitate a violent or drug trafficking offense, your prison sentence could be increased to twenty years. Seeking legal guidance is critical when you face charges for federal identity theft.

Offenses Related to Penal Code 530.5

Identity theft is a white-collar crime involving using other people’s identification information to commit fraudulent acts. When you are charged with this offense, the prosecution can introduce the following related charges to your case:

Mail Theft

Under California PC 530.5(e), you commit a crime of mail theft when you:

  • Take or steal mail from a mailbox or post office.
  • You use deception or fraud to obtain mail belonging to another person.
  • You remove the contents of stolen mail.
  • You destroy or hide stolen mail.

Under this statute, mail could be anything from postcards to packages to letters. If you steal mail intending to acquire another person’s identification information, the prosecution can charge you with mail theft and identity theft. Mail theft is a misdemeanor punishable by one year in county jail and a fine that does not exceed $1,000.

Grand Theft

Under California PC 487, grand theft involves taking another person’s property valued at $950 or more. There are several ways in which you could commit grand theft, including:

  • Theft by larceny. This form of grand theft occurs when you physically carry another person’s tangible property to deprive them of its use.
  • Theft by pretense. You could be found guilty of grand theft by pretense when you deceitfully obtain another person’s property. The prosecution in this case must prove that the alleged victim relied on the false information you provided to surrender their property to you.
  • Theft by embezzlement. You commit the crime of grand theft by embezzlement when you fraudulently use property or money entrusted to you for personal gain.

If you use another person’s identification information to defraud $950 or more. You can be charged with grand theft along with identity theft. Grand theft can attract felony or misdemeanor charges, depending on the circumstances of your case. As a misdemeanor, the offense is punishable by a year in jail. On the other hand, a felony conviction under PC 487 will result in a prison sentence of up to three years.

Forgery

California PC 470 defines forgery as falsifying a signature or seal with fraudulent intent. You could be arrested and charged with this offense for engaging in the following conduct:

  • Signing another person’s name without their consent.
  • Forging or counterfeiting a seal on a document.
  • Changing the contents of a legal document unlawfully.

In addition to proving that you engaged in these acts, the prosecutor must show that you acted with fraudulent intent before convicting you of forgery. If you alter a document and put another person’s information on it, you can be charged with forgery instead of identity theft. Forgery is a wobbler, meaning you can face a felony or misdemeanor charge.

A felony PC 470 conviction is punishable by a prison sentence not exceeding three years. Mostly, the prosecution will file a felony charge if you used a forged document to obtain $50 or more unlawfully. As a misdemeanor, forgery is punished with a one-year jail sentence.

False Personation

California PC 529 makes it a crime to use another person’s name or identity for unlawful purposes. Before you are convicted for false personation, the prosecuting attorney must prove that:

  • You impersonate another person in a private or public capacity.
  • You engaged in the act for the benefit of or caused liability to the victim.

Depending on the context of the impersonation and the damage you caused, a violation of PC 529 can be charged as a misdemeanor or a felony. As a felony, the crime attracts a three-year prison sentence, while a misdemeanor conviction will see you spend up to one year in jail.

Find a Competent Defense Lawyer Near Me

You could be arrested and charged with identity theft for taking someone else’s identification information and using it for fraudulent purposes without their consent. With the increased use of the internet for personal information storage, identity theft cases have increased. Although identity theft is a non-violent offense, a conviction can result in severe penalties.

The consequences of your conviction will go beyond spending time behind bars. The conviction will have lifelong effects on your life, which you can only evade through long and complex post-conviction processes. Fortunately, your arrest for violating PC 530.5 does not have to result in a conviction. The prosecution must prove all the elements of the crime and support their claims with physical and circumstantial evidence to establish their liability.

With the guidance of a reliable criminal defense lawyer, you can fight the charges to avoid a conviction or reduce the potential penalties of your offense. If you or a loved one faces identity theft charges in Fresno, CA, you will benefit from our expert legal guidance at California Criminal Lawyer Group. Contact us at 559-712-8377 today to discuss the details of your case.