What are the consequences for identity theft in California?

Matthew Jay Ruff's Identity Theft Legal Blogs

Licensed for 22 years

Attorney in Torrance, CA

The crime of identity theft is a felony,  a person arrested for the crime of identity theft, credit card fraud, forgery, perjury, obtaining a fake credit account, falsifying crsdit information, or any other theft offense, needs help. The offense is a serious felony in California, however Los Angeles Criminal Defense Lawyers have been very successful in negotiating and defending the charge to avoid jail and prison. California Criminal Law on the subject is codified in the Penal Code as follows:

Penal Code § 530.5. Unauthorized use of personal identifying information; Mail theft:(a)  Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information  without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished  by a fine, by imprisonment in a county jail not to exceed one year,  or by both  a fine and imprisonment, or by imprisonment in the state prison.
(b)   In any case in which a person willfully obtains personal identifying information of another person, uses that information to commit a crime in addition to a violation of subdivision (a), and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.
(d)  (1)  Every person who, with the intent to defraud, acquires,  or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or  both  a fine and imprisonment .
      (2)  Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and who has previously been convicted of a violation of this section upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.
      (3)  Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of 10 or more other persons is guilty of a public offense, and upon conviction therefore shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.
(d)  (1)  Every person who, with the intent to defraud, sells, transfers, or conveys the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.
      (2)  Every person who, with actual knowledge that the personal identifying
information, as defined in subdivision (b) of Section 530.55, of a specific person will be used to commit a violation of subdivision (a), sells, transfers, or conveys that same personal identifying information is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in the state prison, or by both fine and imprisonment.
(e)  Every person who commits mail theft, as defined in Section 1705 of Title 18 of the United States Code, is guilty of a public offense, and upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. Prosecution under this subdivision shall not limit or preclude prosecution under any other provision of law, including, but not limited to subdivisions (a) to (c), inclusive, of this section.
(f)  An interactive computer service or access software provider, as defined in
subsection (f) of Section 230 of Title 47 of the United States Code, shall not be liable under this section unless the service or provider acquires, transfers, sells, conveys, or retains possession of personal information with the intent to defraud.
A criminal defense attorney can help to explain your options if you have been arrested or charged with the crime of identity theft in Burbank, Glendale, Pasadena or any Court in Los Angeles County.  AVOID JAIL, Call us today for a consultation.

The crime of identity theft is a felony,  a person arrested for the crime of identity theft, credit card fraud, forgery, perjury, obtaining a fake credit account, falsifying crsdit information, or any other theft offense, needs help. The offense is a serious felony in California, however Los Angeles Criminal Defense Lawyers have been very successful in negotiating and defending the charge to avoid jail and prison. California Crimin

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