To convict someone of identity theft under California Penal Code 530.5, prosecutors must prove that the person willfully obtained another person’s personal identifying information and used it for an unlawful purpose without that person’s consent. Unlike many fraud charges, the prosecution does not have to show that anyone actually lost money. For people accused of identity theft in Irvine, understanding exactly what the law requires is the first step in finding the weaknesses in the case.
What Are the Elements of Identity Theft Under PC 530.5?
The most common identity theft charge, under PC 530.5(a), requires proof of each of the following:
- The defendant willfully obtained someone else’s personal identifying information
- The defendant used that information for an unlawful purpose, such as obtaining credit, goods, services, property, or medical information
- The defendant did so without the other person’s consent
“Personal identifying information” is defined broadly. It includes names, addresses, Social Security numbers, driver’s license numbers, bank and credit card account numbers, passwords, dates of birth, and even biometric data.
What Other Conduct Is Covered by PC 530.5?
The statute also covers conduct that falls short of actually using the information:
- Possessing information with intent to defraud: Acquiring or keeping another person’s identifying information with the intent to defraud is a separate offense. It is generally a misdemeanor, but it can be charged as a felony if the defendant has a prior identity theft conviction or possessed information belonging to 10 or more people.
- Selling or transferring information: Selling, transferring, or conveying someone’s information with intent to defraud is also a crime, as is doing so while knowing the recipient intends to commit fraud.
What Are the Penalties for Identity Theft in California?
Identity theft under PC 530.5(a) is a “wobbler,” meaning it can be charged as a misdemeanor or a felony. A misdemeanor carries up to one year in county jail and a fine of up to $1,000. A felony conviction can bring up to three years in custody. Prosecutors may file a separate count for each victim, which can significantly increase potential exposure.
Some cases are also prosecuted federally, especially when they involve interstate activity or are connected to other federal crimes. Federal aggravated identity theft carries a mandatory two-year prison term that must run consecutively to any other sentence. Learn more about our federal crimes defense services.
How Is Identity Theft Different From Fraud?
Identity theft focuses on the misuse of another person’s identifying information. Fraud generally focuses on deception that causes someone to give up money or property. The two charges often appear together, since stolen information is frequently used to make fraudulent purchases or open accounts. Our team defends clients against both identity theft and fraud charges, including cases involving complex financial records.
What Are Common Defenses to Identity Theft Charges?
Every element gives the defense an opportunity to challenge the prosecution’s case. Common defenses include:
- Consent: The information was shared with permission, such as between family members, business partners, or roommates
- No intent to defraud: The use was a mistake or misunderstanding rather than a deliberate scheme
- Mistaken identity: Shared devices, public networks, or compromised accounts make it hard to prove who actually used the information
- Unlawful search: Evidence taken from phones, computers, or accounts without a valid warrant may be excluded
Many identity theft cases depend on digital evidence, which often calls for careful analysis. Our cybercrime defense experience helps us test how that evidence was collected and interpreted.
Talk to an Irvine Identity Theft Defense Attorney
An identity theft conviction can damage your career, your finances, and your reputation. If you are under investigation or have been charged in Irvine, early legal help can make a real difference. Call Simmons Wagner, LLP at (949) 439-5857 to schedule a free, confidential consultation with our experienced defense team.