Accused of Identity Theft?
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Our team has successfully defended numerous identity theft cases in San Diego. We'll scrutinize evidence, challenge allegations, and work to protect your rights and reputation.

If You’ve Been Charged With Identity Theft...

You’re up against felony charges that can ruin your record, career, and future. These cases often involve multiple counts, overlapping fraud statutes, and investigations by both local and federal agencies. Whether it’s a misunderstanding, mistaken identity, or overblown accusation—your best move is to get legal defense in place immediately. The longer you wait, the harder it gets.

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San Diego Identity Theft Defense

Technology has become our preferred method for making purchases, sharing thoughts, and staying connected. Increasing numbers of commercial websites, social sites, and online transactions make it difficult to stay up to date with internet security.

Privacy breaches occur daily, dumping volumes of personal and confidential information into cyberspace for anyone to take advantage of. Stealing someone’s identity can have serious consequences in the State of California.

If you have been accused or charged with identity theft, you need a lawyer who understands the law and knows how to effectively approach your case to ensure the best possible outcome.

Identity Theft Charges in San Diego, CA

Identity theft encompasses a range of activities involving the unauthorized use of another person’s identifying information. In California, these offenses are prosecuted under several statutes, primarily Penal Code sections 530.5 and 528.5.

Penal Code Section 530.5 – Unauthorized Use of Personal Identifying Information

This is California’s primary identity theft statute, making it illegal to:

1. Willfully obtain another person’s personal identifying information
2. Use that information for any unlawful purpose
3. Without the consent of that person

“Personal identifying information” includes a broad range of data, such as:

• Names, addresses, and telephone numbers
• Social Security numbers
• Driver’s license or state ID numbers
• Financial account information (bank accounts, credit cards, etc.)
• Birthdates and birth certificates
• PIN numbers and passwords
• Email addresses and usernames
• Fingerprints, retinal scans, or other biometric data
• Employment information
• Professional license information
• Immigration documents

The law covers various unlawful uses, including:

• Opening credit accounts
• Making purchases
• Applying for loans
• Securing housing
• Obtaining employment
• Evading criminal prosecution
• Receiving medical care or prescription medications

Penal Code Section 528.5 – Online Impersonation

This statute specifically targets electronic impersonation and makes it illegal to:

• Knowingly and without consent, impersonate a real person online
• Do so credibly (in a way that a reasonable person would believe it’s actually that person)
• For purposes of harming, intimidating, threatening, or defrauding another person

Identity Theft Laws in the State of California

Identity theft can be performed using different methods – which method you have been accused of will affect how the prosecution approaches your case and any potential penalties you will face, if convicted. Under California Penal Code section 528.5, committing identity theft means illegally impersonating another person over the internet, by using the internet, or through other electronic means.

The following offenses are all chargeable offenses under PC 528.5:

• Knowingly impersonating another real person over the internet, without their consent.
• Harming, intimidating, threatening, or defrauding someone else using electronic means.
• Pretending to be someone else on a social media account.
• Opening an email account in someone else’s name.
• Impersonating someone using forged documents (birth certificate, marriage license, driver’s license, etc.).
• Assuming someone else’s name in any way.
• Changing your appearance to assume the identity of someone else.

Additional Identity Theft Laws in California

Beyond the main statutes, several other California laws address specific aspects of identity theft:

Penal Code 470 PC – Forgery

This law prohibits falsifying signatures, altering legal documents, or creating counterfeit items with the intent to defraud. When forgery involves another person’s identity information, it often overlaps with identity theft charges.

Penal Code 459.5 PC – Mail Theft

Stealing mail to obtain personal identifying information is often a precursor to identity theft and can be charged as a separate offense.

Penal Code 484e-484j PC – Credit Card Fraud

These statutes specifically address the fraudulent use of credit cards, debit cards, or account information, which frequently occurs in identity theft cases.

Penal Code 502 PC – Computer Crimes

This law covers unauthorized access to computer systems, networks, or data, which is often how identity thieves obtain personal information.

Depending on how you’ve been accused of identity theft, you are going to need skillful legal representation to defend against the charges. The penalties for identity theft can be disabling – the attorneys at David P. Shapiro Criminal Defense Attorneys will fight every accusation to reduce or eliminate your charges.

Common Types of Identity Theft Cases in San Diego

Identity theft cases in San Diego generally fall into several common categories:

Financial Identity Theft

The most common form, involving the use of someone else’s information for financial gain:

• Opening new credit accounts
• Taking over existing accounts
• Making fraudulent purchases
• Obtaining loans or lines of credit
• Filing fraudulent tax returns to collect refunds

Criminal Identity Theft

Using another person’s identity when interacting with law enforcement or the court system:

• Providing someone else’s name during an arrest
• Using fake ID during traffic stops
• Appearing in court under a false identity
• Committing crimes while posing as another person

Medical Identity Theft

Using someone else’s identity to obtain medical services or prescription drugs:

• Receiving medical care using another’s insurance
• Obtaining prescription medications fraudulently
• Filing false insurance claims

Employment Identity Theft

Using someone else’s information to obtain employment:

• Working under another’s Social Security number
• Using false documentation to pass employment verification
• Claiming another’s work history or qualifications

Synthetic Identity Theft

Creating a new identity by combining real and fake information:

• Using a real Social Security number with a fabricated name
• Creating partially fictitious identities to establish credit
• Building credit histories for these synthetic identities before “busting out” with fraudulent charges

Fraud. Forgery. Felony Time. Don’t Wait.

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How Identity Theft Investigations Proceed

Understanding how identity theft cases are investigated can help you appreciate the importance of early legal representation:

Initial Report and Documentation

Most identity theft cases begin when the victim notices unauthorized activity and reports it to:

• Local police
• Financial institutions
• Credit bureaus
• The Federal Trade Commission (FTC)

Victims typically document financial losses, unauthorized account activity, and other evidence of identity misuse.

Law Enforcement Investigation

Once a report is filed, law enforcement may:

• Interview the victim
• Subpoena financial records
• Obtain surveillance footage
• Track IP addresses
• Follow electronic trails
• Execute search warrants for physical evidence
• Coordinate with federal agencies (FBI, Secret Service, etc.)

Prosecution’s Case Building

Prosecutors typically focus on establishing:

• That the defendant knowingly obtained or used the victim’s information
• That the use was without consent
• That the use was for an unlawful purpose
• The extent of financial or other damage caused

San Diego prosecutors take identity theft seriously and often pursue maximum charges, especially in cases involving multiple victims or significant financial losses.

Penalties for Identity Theft in California

Depending on the methods used to impersonate another person or steal their identity, the motivation to impersonate the other person, and any rewards obtained by doing so, the penalties for identity theft vary greatly. The prosecution will do everything in their power to convict – you need your own highly skilled legal team working on your behalf.

The team at David P. Shapiro Criminal Defense Attorneys will conduct their own investigation, forcing the prosecution to prove their case beyond a reasonable doubt.

If you are found guilty of identity theft, you could be facing any combination of the following:

• Jail or Prison time
• Fines in the thousands of dollars
• Formal probation or Parole
• Civil Liability

PC 528.5 also allows victims of identity theft suffering losses to bring additional civil actions against defendants, holding them accountable for a wide range of extra damages. It is an intimidating force stacked against you. The outcome of your case may very well depend on the quality of representation you have.

Specific Penalties By Offense

PC 530.5 Violation (Main Identity Theft Statute)

This offense can be charged as either a misdemeanor or a felony (a “wobbler”), depending on:

• The defendant’s criminal history
• The amount of loss involved
• The number of victims
• Whether the crime involved sophisticated planning

As a misdemeanor:

• Up to one year in county jail
• Fines up to $1,000
• Informal probation

As a felony:

• 16 months, 2 years, or 3 years in county jail under realignment
• Fines up to $10,000
• Formal probation

PC 528.5 Violation (Online Impersonation)

This is typically charged as a misdemeanor, punishable by:

• Up to one year in county jail
• Fines up to $1,000
• Probation

However, if the conduct also violates PC 530.5 or involves other criminal activity, felony charges may apply.

Enhanced Penalties

Certain factors can significantly increase penalties:

• Multiple victims – Each victim can be charged as a separate count
• Prior convictions – Sentence enhancements for repeat offenders
• Large financial losses – Greater losses lead to more severe charges
• Vulnerable victims – Targeting elderly or disabled victims can lead to enhanced sentences
• Organized criminal activity – Being part of a larger identity theft ring

Federal Charges

In some cases, identity theft may also violate federal law under:

• Identity Theft and Assumption Deterrence Act
• Identity Theft Penalty Enhancement Act
• Access Device Fraud statute

Federal penalties can be severe, including up to 15-30 years in federal prison, especially if the identity theft relates to terrorism, involves multiple states, or targets government agencies.

Collateral Consequences of Identity Theft Convictions

Beyond the direct legal penalties, an identity theft conviction carries serious collateral consequences:

Professional Impacts

• Loss of professional licenses
• Difficulty obtaining employment, especially in financial, healthcare, or technology sectors
• Disqualification from certain careers
• Damage to professional reputation

Immigration Consequences

For non-citizens, identity theft convictions can lead to:

• Deportation proceedings
• Inadmissibility to the United States
• Denial of naturalization
• Revocation of visas or permanent resident status

Financial Repercussions

• Difficulty obtaining loans, mortgages, or credit
• Challenges renting apartments
• Higher insurance premiums
• Asset forfeiture in some cases

Social Stigma

• Damage to personal relationships
• Loss of community standing
• Ongoing stigma as a “fraudster” or “thief”

Effective Defense Strategies for Identity Theft Charges

At David P. Shapiro Criminal Defense Attorneys, we employ several proven defense strategies for identity theft cases:

Lack of Knowledge or Intent

To secure a conviction, the prosecution must prove you knowingly and willfully used someone else’s identity without permission. We often challenge this element by demonstrating:

• You believed you had permission to use the information
• You didn’t know the information belonged to someone else
• You didn’t intend to defraud or harm anyone

Insufficient Evidence

Identity theft cases frequently rely on circumstantial evidence. We meticulously review:

• Electronic trails that might be inconclusive
• Witness identifications that may be unreliable
• Ambiguous financial records
• Gaps in the chain of evidence

Constitutional Violations

We scrutinize the investigation for violations of your rights:

• Illegal searches of your home, vehicle, or electronic devices
• Seizures conducted without proper warrants
• Miranda rights violations during questioning
• Chain of custody issues with digital evidence

Mistaken Identity

Given the nature of identity theft, sometimes the real perpetrator is someone else:

• Someone may have stolen your identity to commit the offense
• Your IP address or device may have been compromised
• You may have been framed by another person with access to your accounts

Consent

In some cases, we can establish that:

• You had authorization to use the other person’s information
• The alleged victim gave you permission
• There was a misunderstanding about the scope of permission

Statute of Limitations

Identity theft charges in California generally must be filed within:

• One year for misdemeanors
• Three years for felonies

We carefully examine when the alleged offense occurred and when charges were filed.

Why You Need a Specialized Identity Theft Defense Attorney

Identity theft cases present unique challenges that require specialized knowledge:

Technical Complexity

These cases often involve:

• Digital forensic evidence
• Complex electronic trails
• Technical aspects of data security
• Understanding of financial systems

Evolving Legal Landscape

Identity theft laws continue to evolve as technology advances, requiring defense attorneys to stay current with:

• New legislation
• Recent case precedents
• Changing interpretations of existing statutes
• Developments in digital privacy law

Investigative Expertise

Effective defense requires knowing:

• How to properly analyze digital evidence
• When to employ expert witnesses
• How to identify flaws in the prosecution’s technical case
• How to conduct independent digital forensic analysis

Strategic Plea Negotiations

Many identity theft cases are resolved through plea negotiations, requiring:

• Knowledge of typical outcomes in similar cases
• Understanding of acceptable alternative charges
• Experience with diversion programs and alternatives to incarceration
• Relationships with local prosecutors

Identity Theft Defense in San Diego

If you have been arrested or accused of any type of identity theft crime in San Diego, you have a lot on the line. Confinement and court fines, social and career consequences, and untold civil penalties are all potential outcomes if charged, let alone convicted. With so much weighing on the outcome of your case, you need experienced legal counsel who:

• Knows California’s numerous identity theft laws
• Knows the San Diego County criminal courts and their key players
• Knows how the prosecution will approach your identity theft case
• Knows how to successfully defend against identity theft charges

The legal team at David P. Shapiro Criminal Defense Attorneys has been defending the citizens of San Diego against identity theft charges and other criminal accusations for over a decade. Locals, military members, and even tourists know they can count on us for an honest assessment, a compassionate ear, and a criminal defense attorney with a proven track record of success.

Our Approach to Identity Theft Defense

When you work with David P. Shapiro Criminal Defense Attorneys, our defense approach includes:

1. Comprehensive Case Analysis

We begin with a thorough examination of:

• The specific charges filed against you
• All evidence gathered by law enforcement
• Possible constitutional violations during the investigation
• Technical aspects of the alleged identity theft
• Potential weaknesses in the prosecution’s case

2. Independent Investigation

Our team conducts our own investigation, which may include:

• Analyzing digital evidence with forensic experts
• Interviewing witnesses
• Reviewing financial records
• Consulting with cybersecurity specialists
• Documenting timeline inconsistencies

3. Strategic Defense Planning

Based on our analysis, we develop a customized defense strategy that may involve:

• Filing motions to suppress illegally obtained evidence
• Challenging the admissibility of digital evidence
• Negotiating for reduced charges
• Exploring diversion programs or alternative sentencing
• Preparing for trial when necessary

4. Comprehensive Representation

Throughout your case, we provide:

• Clear explanations of your legal options
• Regular case updates
• Representation at all court appearances
• Negotiation with prosecutors
• Preparation for potential trial scenarios

Don’t Accept a Conviction — Fight Back Against Identity Theft in San Diego

If you are ready to regain control over your case, contact our law firm today and schedule your consultation. Sit with us, share what is going on, and let us help you get things back on track. We are proud to serve San Diego County and Southern California.

There is no obligation to retain our services – for your case evaluation, contact David P. Shapiro Criminal Defense Attorneys today.

California Central Courthouse

City courthouse in San Diego, California

• Address:1100 Union St, San Diego, CA 92101
• Hours: Open – Closed 4PM
• Phone:(619) 844-2700

Frequently Asked Questions About Identity Theft Charges