With the recent Equifax data breach, the prospect of identity theft has once again become a major concern for Americans across the country — and right here in California. This crime has become more common in the age of the internet, with a vast amount of personal data available to hackers and others. But the crime of identity theft has long been “on the books” in California. So how is it defined, and when can a person be charged with this offense?
Identity theft involves taking another person’s personal identifying information for an unlawful purpose. According to an identity theft attorney in Los Angeles, CA, there are four possible types of identify theft under California law:
- Willfully obtaining another person’s personal identifying information and using that information for any unlawful purpose without their consent;
- Acquiring or retaining possession of another person’s personal identifying information without their consent with the intent to commit a fraud;
- Selling, transferring or providing the personal identifying information of another person without their consent with the intent to commit a fraud; and
- Selling, transferring, or providing the personal identifying information of another person with the actual knowledge that the information will be used to commit a fraud.
These crimes can happen in a number of ways, particularly when using the internet. For example, a person may use someone else’s credit card to make a purchase online — that would be considered identity theft (and it would be a violation of other laws as well). Using someone’s email account can also be considered identity theft.
There are other, more “old-fashioned” means of committing identity theft. A person who uses another person’s name and social security number to collect welfare would be in violation of the law. As an identity theft attorney in Los Angeles, CA, that person would also face charges related to welfare fraud. Similarly, using another person’s name and identifying information to apply for a loan would be considered identity theft.
Identity theft is a wobbler under California law, which means that it can be charged as either a felony or a misdemeanor, depending on the facts of the case and the defendant’s criminal history. As a misdemeanor, it is punishable by up to one year in county jail and/or a fine of up to $1,000. As a felony, it is punishable by between 16 months to three years in county jail and a fine of up to $10,000.
Importantly, each instance of using someone’s identifying information constitutes a separate offense. So if you use someone’s credit card to buy yourself something online, and then continue to use the card to buy additional items, you will be charged with identity theft for each and every time that you used the card. In addition, you will likely be charged with credit card fraud. This can add significantly to the sentence that you may receive.
Fortunately, there are defenses to identity theft charges. A skilled identity theft attorney in Los Angeles, CA can argue that you didn’t have an unlawful purpose in obtaining another person’s identifying information. For example, if you obtained someone’s identifying information, such as their social security number, but never actually did anything with it, then that is a defense to the charge of identity theft. Similarly, if you lacked fraudulent intent, then you cannot be charged with identity theft.
At the Chambers Law Firm, we represent clients in Los Angeles and the surrounding areas who have been charged with California criminal offenses. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or to learn more about how we can help you.
