Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Identity theft, a serious offense in California, involves using someone else’s personal information for personal gain. The state’s laws address identity theft in multiple ways, with penalties that vary based on the circumstances of the case and the accused’s criminal

Additionally, federal law enforces its own, often harsher, penalties for identity theft. If you’ve been charged with identity theft in California, here’s what you need to know about the potential consequences and penalties.

What Constitutes Identity Theft in California?

In California, identity theft covers various actions that involve the misuse of someone else’s personal information. This can include:

  • Using another person’s credit card details to make purchases
  • Accessing someone’s email account to impersonate them
  • Applying for loans, such as mortgages, under someone else’s name
  • Using another person’s Social Security number to collect benefits
  • Using someone else’s personal details in connection with a crime

California Penal Code 530.5 PC and Penal Code 473 PC both address different aspects of identity theft, each carrying its own set of penalties.

California Penal Code 530.5: Identity Theft Charges

Penal Code 530.5 is one of California’s primary laws against identity theft. This code allows for charges as either misdemeanors or felonies, depending on the specifics of the offense and the defendant’s criminal record. Here are the potential consequences:

  • Misdemeanor Identity Theft: For a misdemeanor conviction under CPC 530.5, penalties include a maximum fine of up to $1,000 and up to one year in county jail.
  • Felony Identity Theft: If charged as a felony, the punishment increases to a maximum fine of $1,000 and up to three years in county jail.

California Penal Code 473: Forgery and Identity Theft

Penal Code 473 addresses forgery, including forging signatures as part of identity theft. Whether this is charged as a misdemeanor or felony largely depends on the amount involved:

  • Misdemeanor Forgery: Forgeries involving less than $950 can be charged as misdemeanors, carrying a maximum fine of up to $1,000 and up to one year in county jail.
  • Felony Forgery: If the forgery amount exceeds $950, it may be charged as a felony, with penalties including a maximum fine of $10,000, community service, and up to three years in county jail.

Federal Identity Theft Law: More Severe Consequences

While California laws impose strict penalties for identity theft, federal law is often even stricter. The Identity Theft and Assumption Deterrence Act of 1998, codified under Title 18 U.S.C. 1028, addresses identity theft at a federal level and includes additional prohibitions:

  • Presenting Another Person’s ID: This involves using someone else’s identification to impersonate them.
  • Transferring Stolen ID Documents: Transferring stolen documents to others for fraudulent purposes can lead to federal charges.
  • Producing or Trafficking False IDs: Manufacturing or distributing fake identification documents is prohibited and prosecuted at the federal level.

Federal convictions for identity theft often lead to substantial fines and prison sentences, with some cases carrying a maximum sentence of 30 years in federal prison. Federal charges are generally applied when identity theft crosses state lines or involves substantial fraud.

Why Identity Theft Penalties Are So Severe

The penalties for identity theft in California and at the federal level reflect the significant harm these crimes can cause. Victims of identity theft often suffer from damaged credit, financial losses, and emotional distress. Because of these far-reaching impacts, both state and federal laws impose severe punishments to deter such offenses.

In addition, the digital nature of today’s world makes it easier for identity thieves to access and misuse private information. To counteract this, California and federal authorities aggressively pursue identity theft cases and often seek the highest applicable penalties.

Protecting Your Rights if You’re Charged with Identity Theft

If you’re facing identity theft charges, defending your rights is essential. The consequences of a conviction can be life-altering, impacting your freedom, finances, and reputation. Working with an experienced criminal defense attorney is crucial to building a strong defense, whether you’re dealing with state or federal charges. The team at Law Office of Michael L. Fell is here to help you navigate this complex process, protect your rights, and explore possible defense strategies.

If you or a loved one has been charged with identity theft in California, reach out to Law Office of Michael L. Fell at (949) 585-9055 for a consultation. We’re here to help you understand your legal options and guide you through this challenging time.