Charged with Identity Theft (Penal Code § 530.5) in California?

Identity theft charges under California Penal Code § 530.5 are aggressively prosecuted, and a conviction can follow you for life. Whether the allegation involves using someone else’s personal information to open accounts, make purchases, or access services, the penalties are serious and often include both jail time and hefty fines.

But not every accusation tells the full story. Mistaken identity, lack of intent, or even misunderstandings can all play a role. Here’s what you need to know about how California defines identity theft, the potential consequences, and how a strong defense can make all the difference.

What is Identity Theft Under California Law?

California Penal Code § 530.5 defines identity theft as willfully obtaining another person’s personal identifying information and using it for any unlawful purpose without that person’s consent. Personal identifying information can include:

• Name, address, and date of birth
• Social Security number
• Driver’s license or ID card number
• Bank account or credit card information
• Passwords and PINs
• Email addresses and usernames
• Biometric data (fingerprints, retina images)
• Medical insurance information

The law covers several distinct violations related to identity theft:

Using Someone’s Personal Information (PC § 530.5(a))

This involves obtaining someone’s personal identifying information and using it for any unlawful purpose, such as trying to obtain credit, goods, services, real property, or medical information without their consent.

Acquiring or Possessing Personal Information (PC § 530.5(c))

Even if you haven’t actually used the information yet, simply possessing someone else’s personal identifying information with the intent to defraud is a crime.

Selling or Transferring Personal Information (PC § 530.5(d))

Selling, transferring, or conveying another person’s personal identifying information with the intent to defraud, or with knowledge that it will be used for fraudulent purposes, constitutes a separate violation.

Mail Theft (PC § 530.5(e))

Taking mail from a mailbox, post office, or mail carrier with the intent to deprive the rightful owner of their mail or to commit identity theft is also covered under this statute.

Penalties for Identity Theft in California

Identity theft is a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony depending on:

• The specific circumstances of the case
• The defendant’s criminal history
• The monetary value involved
• The number of victims
• The prosecutor’s discretion

Misdemeanor Identity Theft Penalties

If charged as a misdemeanor, identity theft is punishable by:

• Up to one year in county jail
• A fine of up to $1,000
• Probation
• Restitution to victims

Felony Identity Theft Penalties

If charged as a felony, the consequences become more severe:

• 16 months, 2 years, or 3 years in county jail under California’s realignment program
• A fine of up to $10,000
• Formal probation
• Restitution to victims

Enhanced Penalties

The penalties can increase substantially if:

• You possess the personal information of 10 or more people
• You have prior identity theft convictions
• You sold or transferred information knowing it would be used fraudulently
• The identity theft is combined with other crimes

How Identity Theft Cases Typically Develop

Identity theft investigations often begin when:

1. A victim notices unauthorized transactions or accounts
2. A credit monitoring service detects suspicious activity
3. A business reports fraudulent transactions
4. Mail theft is reported or discovered
5. Law enforcement conducts a search and finds personal information of others

Common scenarios that lead to identity theft charges include:

• Using someone else’s credit card without authorization
• Opening new accounts in another person’s name
• Filing false tax returns to collect refunds
• Using another person’s health insurance information
• Creating fake identification documents
• Taking over existing financial accounts

Defending Against Identity Theft Charges

Several defense strategies may be effective when facing identity theft charges in California:

Lack of Intent to Defraud

One of the most important elements in an identity theft case is the intent to defraud. If you had no intent to defraud anyone, perhaps you genuinely believed you had permission to use the information—this could be a valid defense.

Mistaken Identity

Identity theft investigations are complex, and sometimes the wrong person is accused. Digital evidence might point to your device or IP address, but that doesn’t necessarily mean you were the person who committed the offense.

Authorization or Consent

If you had legitimate permission to use the personal information in question, this undermines a central element of the crime. Documentation of consent is particularly valuable in these cases.

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that you willfully obtained and used another person’s identifying information without consent and with fraudulent intent. Challenging the evidence on any of these points can be effective.

Illegal Search and Seizure

If evidence was obtained through an illegal search, such as a warrantless search of your home, computer, or phone without proper exceptions, your attorney may be able to have that evidence suppressed.

Long-Term Consequences of an Identity Theft Conviction

Beyond the immediate legal penalties, an identity theft conviction can have lasting impacts:

Employment Challenges

Many employers conduct background checks and are hesitant to hire individuals with theft-related convictions, particularly for positions involving financial responsibility, sensitive information, or trustworthiness.

Professional Licensing Issues

Certain professions require licensing that can be denied or revoked based on identity theft convictions, including financial advisors, insurance agents, real estate professionals, and healthcare workers.

Housing Difficulties

Landlords frequently conduct background checks and may deny housing to those with fraud-related convictions.

Financial Repercussions

In addition to criminal fines, civil liability for restitution can be substantial. Credit damage from the investigation and court proceedings can also have lasting financial effects.

Immigration Consequences

For non-citizens, an identity theft conviction may be considered a crime involving moral turpitude, potentially leading to deportation, removal proceedings, or inadmissibility issues.

Why You Need an Experienced Defense Attorney

Identity theft charges in California require skilled legal representation because:

1. The technical nature of digital evidence demands specialized knowledge
2. The “wobbler” nature of the offense means the difference between a misdemeanor and felony often comes down to effective legal advocacy
3. Negotiating restitution and charge reductions requires experience and established relationships with prosecutors
4. Alternative sentencing options may be available but require knowledgeable representation to secure

How David P. Shapiro Criminal Defense Attorneys Can Help

Our experienced San Diego defense team brings specific advantages to your identity theft case:

• Case evaluation expertise to determine the strength of the evidence against you
• Investigative resources to gather evidence supporting your defense
• Negotiation skills for potential charge reductions or dismissals
• Knowledge of local courts in San Diego and Chula Vista, and how they handle identity theft cases
• Strategic planning for restitution and alternative sentencing when appropriate

We begin with a thorough review of your case, identifying potential defenses and weaknesses in the prosecution’s evidence. Our goal is to achieve the best possible outcome, whether that means fighting for dismissal, negotiating a plea to a lesser charge, or pursuing sentencing alternatives.

Frequently Asked Questions About Identity Theft Charges

Can identity theft charges be reduced or dismissed?

Yes, depending on the circumstances. First-time offenders may be eligible for diversion programs, and early repayment of restitution can sometimes lead to reduced charges or dismissal.

Will I go to jail for identity theft?

Not necessarily. While jail time is a possibility, many first-time offenders receive probation instead of incarceration, particularly when represented by an effective attorney who can negotiate alternatives.

Can I expunge an identity theft conviction?

In many cases, yes. After successfully completing probation, you may be eligible to petition for dismissal (expungement) under PC § 1203.4. This doesn’t completely erase the conviction, but can significantly reduce its impact on employment opportunities.

How can I protect myself if my identity was used to commit crimes?

If someone used your identity to commit crimes, California law specifically addresses this in PC § 530.5(b), which requires court records to reflect that you did not commit the crimes attributed to you. An attorney can help ensure this protection is properly implemented.

Contact a San Diego Identity Theft Defense Attorney Today

If you’re facing identity theft charges in San Diego or Chula Vista, don’t wait to seek legal representation. Early intervention by an experienced defense attorney can significantly impact the outcome of your case.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.