SAN DIEGO IDENTITY THEFT Lawyer
California Identity Theft Laws
If someone has accused you of identity theft, you will want to take action right away. Even if the prosecutor has not yet charged you with a crime, you don’t want to take any chances when your future is on the line.
Not only can a conviction force you to spend time behind bars, but it can also make it difficult to find a job or place to live once you complete your sentence. Fortunately, a San Diego identity theft lawyer can help you face this challenging legal problem. Your attorneys will stand by your side until the end of your case, giving you the best possible odds of reaching a desirable outcome.
Definition of Identity Theft in CA
In simple terms, identity theft occurs when an individual uses the personal information of another person for financial gain, such as taking out loans or applying for credit cards. California penal code 530.5 defines the behaviors that constitute identity theft, but the terminology can confuse those who are not familiar with legal jargon. When you are facing a charge of identity theft, you will want to know what it is so that you can decide how you should move forward.
California Penalties for Identity Theft
It’s important you understand the penalties that the court could impose if a jury finds you guilty so that you know what to expect as you move forward. In California, identity theft is a wobbler offense, meaning that the prosecutor can pursue the case as a misdemeanor or a felony.
If the prosecutor pursues misdemeanor charges, you could face the following:
- up to one year in jail
- a fine of up to $1,000
If the prosecutor seeks a felony conviction, you could face:
- up to three years behind bars
- fines of up to $10,000
Identity Theft as a Federal Offense in CA
If your case involves an alleged victim from another state, a federal court could seek a sentence of up to 30 years in a federal prison. A criminal conviction will also impact you on a personal level. For example, spending time behind bars can result in job loss, damaged relationships and more.
Legal Defenses for California Identity Theft Cases
If you were arrested and charged with identity theft, it does not mean that you will be convicted. A San Diego identity theft attorney will review your case and show you viable defenses that could prevent you from going to jail. Before the prosecuting attorney can convict you of a crime, she will need to convince a jury that you had used the victim’s personal information to defraud the victim.
Depending on the details of your case, asserting that you did not intend to commit an illegal act could be a strong defense. You can also inform the jury that the victim has wrongly accused you of a crime that you did not commit. The defense that you will want to use will depend on the information available to the court, and your attorney can help you decide what path makes the most sense.
Building Defense Strategies for ID Theft Offenses
Being charged with identity theft can change your life in a negative way, and getting convicted is even worse. Prosecutors can lie about the evidence that they have and try to offer an unfair plea deal, and you won’t know what to do if you don’t seek the assistance of a identity theft lawyer in San Diego.
A qualified defense attorney will use the discovery process to find out what evidence the prosecutor will use against you at your trial and determine your odds of getting an acquittal. Your attorney will then help you decide whether you should take the plea deal or fight in court.
Sentence Reduced, All Other Charges Dropped 16 Counts, Unlawful Sexual Intercourse with a Minor
Client charged with multiple sexual assault offenses, facing 16 years in prison. Convicted of One Count of Sex with a Minor, 2 years Jail, All other charges dismissed.
Reduced Sentence, Other Charges Dropped 24 Count, Insurance Fraud Conspiracy, Grand Theft in excess of $250,000
Client charged as head of conspiracy to present false claims to insurance companies, losses over $250,000. Client facing 22 years in State Prison. Convicted of two counts of insurance fraud, sentenced to 2 years in jail, remaining charges dismissed.
Dismissed with No Jail Time, Probation Only Assault with Deadly Weapon, Robbery, Burglary
Client charged with multiple counts, potential 14 year sentence. Released with no custody.
Dismissed Charges Assault with semi-automatic Firearm, Criminal Threat, Domestic Violence
Charges exposed client to 8 years in State Prison and two serious strike felonies. Court dismisses all gun related charges at preliminary hearing, client pleads to domestic violence charge only, no custody.
30 Days Probation, Case Dismissed. Attempted Murder
Client charged with Attempted Murder in connection with the death of her husband suffering from a fatal illness. Defense investigation revealed that statements of witnesses were unreliable and unfounded.
Case Dismissed Auto Insurance Fraud
Naval Officer accused of making fraudulent insurance claims on his vehicle, charged with three felony offenses. Case Dismissed after defense investigation and negotiation with District Attorney.
Case Dismissed on Motion Auto Insurance Fraud
Client charged with two felony counts of Auto Insurance Fraud.
Not Guilty. Case Dismissed. Burglary, Theft, Identity Theft
Client was charged with criminal Burglary, Grand Theft and Identity Theft from local retailers. Defense investigation revealed client was not individual shown on security cameras
Reduced Charge Plea Deal Child Molestation Accusation
Career Professional Client facing child molestation charges, requiring lifetime sex registration. Defense negotiated plea deal for non-offender charge of misdemeanor assault.
Not Guilty, Client Acquitted Of All Charges Child Pornography
Client on Probation for Sexual Assault. Arrest and accusation of child pornography possession. Defense employs forensic investigation of all seized evidence and finds no evidence of child pornography.