Identity Theft
According to FBI estimates, identity theft cases cost the government on average $15,000 to prosecute. One estimate suggests that recovery from identity theft can take more than 500 hours of committed action from the victim. Fewer than one out of 20 identity theft criminals get caught and arrested and charged. If you have been recently charged with California identity theft, you may face prosecution under state law – specifically Section 530.5 of the California Penal Code. This essay will help you understand the charges against you and provide you with a resource to build your defense.
California Penal Code Section 530.5
Prosecutors in California identity theft cases must show that you intentionally collected identifying info from another person. This information might include the person’s name, birthday, phone number, credit card or bank account number, sensitive data or passwords, etc. Secondly, the prosecutor has to show that you got this information without proper authority. Finally, the prosecutor must prove that the identifying information was used for an illegal purpose, such as stealing money, changing the victim’s medical records, or using the victim’s good credit to take out a loan or finance a business deal.
How Will You Be Charged?
Depending on the nature of the crime (e.g. how much money you stole; how many people you allegedly victimized, etc), the sophistication of the identity theft scheme, your past criminal history, and the solidity of the prosecution’s case against you, you could face either a misdemeanor or a felony charge. Both kinds of offenses can lead to jail time, restitution to the victim(s), loss of professional esteem, and harsh probation terms. Convicted felons will lose some fundamental rights, including the right to vote and hold elected public office. Felons also can face significantly longer jail sentences and harsher penalties.
Sophisticated Defense to Sophisticated Charges
Whether you’ve been charged with computer or credit card identity theft, and you know you’re completely innocent; or you got involved in a criminal enterprise that wound up badly, you need and deserve sound legal advice to ensure you get due process and justice.
The Law Offices of Maltaise Cini, a highly reputable Newport Beach criminal defense lawyer, can provide a complimentary consultation to you today about your California white collar crime. Call (949) 660-1389 to schedule your appointment today, or visit www.maltaisecinilaw.com to explore free resources that can help Southern California criminal defendants.