Simi Valley Identity Theft Attorney

What is Identity Theft?

Jury Instruction 2040. Unauthorized Use of Personal Identity Information.

The defendant is charged in Count with the unauthorized use of someone else’s personal identifying information such as their name, social security number, credit card details, or other financial information, to commit fraud or other criminal acts.

What the District Attorney Must Prove for Identity Theft Charges?

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant willfully obtained someone else’s personal identifying information
2. The defendant willfully used that information for an unlawful purpose
3. The defendant used the information without the consent of the person whose identifying information he or she was using.

What is Considered Personal Identifying Information?

Personal identifying information means identification that is unique to a specific human being, whether living or dead. It could also mean a firm, association, organization, partnership, business trust, company, corporation, limited liability company, public entity, or any other legal entity.

What Does it Mean to Willfully Commit an Act of Identity Theft in California?

Someone commits an act willfully when he or she does it willingly or on purpose.

An unlawful purpose includes unlawfully obtaining or attempting to obtain: 

• Credit
• Goods or services
• Real property
• Medical information in the name of the other person without the consent of that person

It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

What are the Penalties for Identity Theft in California?

Identity theft charges in California are serious and can carry severe consequences. Depending on the nature of the offense and whether any aggravating factors are involved, you could face felony or misdemeanor charges. The penalties for identity theft can include:

• Misdemeanor charges: If the value of the stolen information is less than $950 or no financial loss is suffered, identity theft may be charged as a misdemeanor. The penalties for a misdemeanor identity theft conviction may include up to one year in county jail, probation, and fines.
• Felony charges: Identity theft involving large amounts of money or significant harm to the victim may be charged as a felony. Felony identity theft convictions can result in up to three years in state prison, significant fines, and probation.
• Restitution: If you are convicted of identity theft, the court may order you to pay restitution to the victim for any financial damages they suffered as a result of the crime.
• Criminal record: A conviction for identity theft can result in a permanent criminal record, which can affect your employment opportunities, personal relationships, and other areas of your life.

For anyone facing identity theft charges, a skilled identity theft lawyer in Simi Valley is crucial to building a defense strategy that can minimize the potential penalties and protect your future.

What are The Consequences of a Conviction?

If you are convicted of identity theft in California, the consequences can be long-lasting. Beyond the potential jail time, fines, and restitution, a conviction can have severe consequences for your personal and professional life. Having a criminal record can limit your ability to obtain employment, housing, or credit, and may lead to a loss of professional licenses. Additionally, depending on the severity of the offense, you could face civil lawsuits from victims seeking damages for the harm you caused.

Contact Our Lawyers Now - We Protect Your Rights Throughout the Process

Our Simi Valley identity theft attorney can raise several defenses to challenge identity theft charges, including mistaken identity, lack of intent, involuntary action or duress, lack of knowledge, illegal search and seizure, and no fraudulent intent. If any of these defenses apply to your case, your attorney can use them to weaken the prosecution’s case and protect your rights.

Facing identity theft charges is a serious matter, and it is crucial that you have an experienced identity theft lawyer to guide you through the process. With the right legal representation, you can protect your rights, minimize the potential penalties, and ensure that you receive a fair trial. If you are facing identity theft charges in Simi Valley or Los Angeles County, contact Sua Law Group today for a consultation with a skilled identity theft attorney.

Protect your future with the help of a Simi Valley identity theft defense attorney. Schedule your free consultation by calling us at (805) 515-4070 or filling out our online form now.