Can I Go To Jail for Identity Theft?

The short answer is that, in California, yes, you can go to jail for identity theft. Identity theft is a growing area of crime, and California laws allow severe punishments for identity theft.

Personal Identifying Information and Identity Theft

California makes it unlawful to obtain another person’s personally identifying information (“PII”) for use in an illegal or fraudulent purpose. Personally identifying information can include a broad range of facts about a person, including their:

• Name, address, or telephone number
• Date of birth
• Social Security number
• Bank or credit card numbers
• Identification numbers, such as driver’s licenses, employee identifications, or school IDs

If you obtain any of the above information for someone else and use it to commit fraud or in any other unlawful matter, you may have committed identity theft.

California Law Focuses on Why You Obtained Personal Identifying Information

If you have acquired another person’s PII, you commit identity theft if you do any of the following:

• Use their PII for any unlawful purpose
• Take their PII with fraudulent intent
• Sell, transfer, or provide their PII for the purpose of committing fraud
• Sell, transfer, or provide their PII, knowing it will be used to defraud

All of the above require that the other person did not consent to you taking their PII. The law requires a prosecutor to prove that you took the PII with either intent or knowledge that it would be used unlawfully. I

f you apply for or receive any of the following using someone else’s PII, you have used that PII unlawfully:

• A loan, whether monetary or in-kind
• Any goods or services
• Additional credit
• Land, a home, or an apartment
• Medical history

You can also commit identity theft by using someone’s PII with the intent to commit fraud, even if no one is actually defrauded.

Even Misdemeanor Identity Theft Can Lead To Jail

Identity theft is a “wobbler” crime in California, meaning a prosecutor can charge you with either a misdemeanor or a felony. Misdemeanor identity theft charges carry a maximum sentence of one year in county jail, while felony identity theft can lead to up to three years in state prison.

Judges have the option to order probation instead of jail time for identity theft for both felony and misdemeanor offenses. The severity of an identity theft sentence is generally based on the facts surrounding the incident, including the identity stolen, what it was used for, and what actual value was fraudulently received.

It is important to remember that each instance of obtaining someone else’s PII can lead to a separate charge of identity theft. For example, if you receive a list of 100 credit card numbers, a prosecutor could conceivably charge you with 100 different counts of identity theft. These charges add up fast, and so can the possible jail time. It is in your best interests to consult with a skilled criminal defense attorney as quickly as possible after being charged with identity theft. An attorney can attempt to get charges reduced or dismissed, depending on the circumstances, or argue for probation instead of jail time.

If you’ve been arrested for identity theft in Long Beach, California, the Chambers Law Firm can provide a path forward. Begin planning your defense by contacting us at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a member of our skilled legal team.