Identity theft has become one of the most aggressively prosecuted white collar crimes in California. Whether it involves financial fraud, unauthorized use of personal information, or allegations tied to employment or business records, the consequences can be severe. Even if no financial loss occurred, you could still face criminal charges based solely on alleged misuse of personal data.
If you have been accused of identity theft, it is crucial to understand the law, how intent is evaluated, and the defense strategies available to protect your reputation and future.
Simmons Wagner, LLP defends individuals and professionals across California facing identity theft investigations, helping them respond strategically before charges escalate.
What Qualifies as Identity Theft?
Under California Penal Code 530.5, identity theft occurs when someone uses another person’s personal identifying information without permission to obtain benefits, money, credit, goods, or services.
Examples include:
- Using someone else’s Social Security number or bank account
- Opening credit cards or loans in another person’s name
- Accessing confidential work or medical records without authorization
- Using personal data during employment or business transactions
- Misrepresentation during rental, insurance, or benefit applications
It is important to note that identity theft charges can be filed even without financial loss—mere possession or use of personal data without proper consent may be enough.
Penalties Can Be Harsh—Even for First-Time Offenses
Identity theft may be charged as either a misdemeanor or felony depending on the case. Factors include the degree of harm, financial loss, number of victims, and whether the alleged crime involved fraud, business systems, or online networks.
Potential penalties include:
- Up to three years in jail or prison
- Fines of $1,000 to $10,000
- Restitution payments to alleged victims
- Probation or supervised release
- Loss of professional or financial licenses
In addition to court penalties, identity theft convictions can severely impact careers in finance, insurance, education, healthcare, real estate, and government-regulated industries.
How Identity Theft Accusations Often Arise
Many people are surprised to learn they are under investigation before charges are even filed. Identity theft allegations commonly begin through:
- Employer or HR reports
- Financial institution audits
- Business disputes or partnership conflicts
- Claims made during divorce or custody cases
- Digital activity flagged by law enforcement
In some cases, investigators may seize computers, phones, or business devices to examine digital records or communication logs.
How We Build Your Defense
At Simmons Wagner, LLP, we focus on challenging the credibility, evidence, and intent behind the accusation. Identity theft cases require proof of intent, not simply possession or access.
Strong defense strategies may involve:
- Showing lack of intent to defraud
- Proving data was used with permission
- Questioning the accuracy of digital records
- Demonstrating mistaken identity or fabrication
- Challenging how evidence was collected
Because these cases often involve data, communication, or records, expert forensic analysis can play a key role in building a strong defense.
Protect Your Reputation Before It’s Damaged
Even before charges are filed, identity theft accusations can damage your employment, relationships, and professional standing. Early legal intervention can help stop investigations from escalating—and may even prevent charges from being formally filed.
Call Simmons Wagner, LLP at (949) 439-5857 for experienced defense representation in identity theft and related fraud cases. Protect your future, your name, and your freedom today.