What Are the Penalties for Identity Theft in California?

The penalties for identity theft can vary widely depending on the type of offense committed, the amount of loss involved, and whether the case is charged as a misdemeanor or a felony. If you have been accused or arrested, it is crucial that you understand what identity theft means under California law and the potential consequences you may face. Reach out to an experienced Red Bluff criminal lawyer for more information and skilled legal advice today.

What is Identity Theft Under CA Law?

Under California Penal Code § 530.5, identity theft occurs when someone willfully obtains and uses another person’s personal information, like their Social Security number, bank account, or credit card, to commit fraud or other crimes. This legislation outlines four situations that constitute the crime of identity theft. Consider the following.

1. Willfully obtaining another person’s personal information without their consent and using the information for any unlawful purpose
2. Acquiring or retaining another person’s personal information, without their consent, and with the intent to defraud
3. Selling, transferring, or conveying another person’s personal information, without their consent, and with the intent to defraud
4. Selling, transferring, or conveying another person’s personal information, without their consent, and with actual knowledge that the information will be used for any unlawful purpose

You don’t have to successfully steal money or goods for it to be considered identity theft. Even attempting to do so can qualify. Examples of actions that can be charged as identity theft include opening credit cards under another person’s name, using someone’s personal information to apply for loans, and accessing or transferring funds from another person’s bank account.

What Are the Penalties for Identity Theft in CA?

In California, identity theft is considered a wobbler. This means that the charges can be filed as either a misdemeanor or a felony offense, depending on the specific circumstances of the situation. Prosecutors will consider the severity of the offense, the amount of financial loss involved, and the defendant’s criminal history, among other things, when determining whether to charge the crime as a misdemeanor or felony.

The legal repercussions of each type of charge will vary. If charged as a misdemeanor, an identity theft conviction in California can result in:

• Summary probation
• Up to 1 year in jail
• Fines up to $1,000
• Victim restitution

As a felony, identity theft can result in:

• Formal probation
• Up to 3 years in jail
• Fines up to $10,000
• Victim restitution

Certain aggravating factors can increase the penalties you incur. For example, if there are multiple victims, it is a second or subsequent offense, the victim was a senior or vulnerable individual, or the identity theft was part of other criminal offenses, the consequences can be enhanced.

If you have been arrested for identity theft in California, it is crucial that you secure the help of a skilled criminal defense attorney. Contact Cohen Criminal Law today for more information.