Identity Theft - Criminal Defense Against ID Theft in California
Posted on May 6, 2009
Filed Under Criminal Law, Identity Theft, Internet Crime, L.A. Criminal Defense Attorney, Law & Legal Defense, Los Angeles Criminal Defense, Theft, criminal defense attorney |
Identity theft is California’s fastest growing crime. Stealing another person’s identity or personal information and using it to commit fraud or access another person’s finances is a serious crime in California. A national wave of high-profile identity theft cases has prompted the Federal Trade Commission to tighten federal regulations governing the storage of online documents and require identification verification, both online and onsite (see our May 4 post).
In California, identity theft crimes include:
- Internet identity theft - Using another person’s credit card to make Internet purchases.
- Credit card theft - Using someone else’s information to apply for a credit card or making purchases with someone else’s credit card.
- Bank identity theft - Using another person’s information to apply for a mortgage or loan or open a bank account.
- Counterfeit - Creating or altering credit cards, a driver’s license or official records such as medical records or a marriage license.
- Forgery - Signing someone else’s name on checks or credit/debit card purchases.
In California, it is also against the law to sell, transfer or publish personal information or account numbers to another person for money or goods. Under California law, criminal defense against identity theft hinges largely on what the prosecutor can or cannot prove. Expert Los Angeles criminal defense attorney Stephen Rodriguez notes that, to convict, the prosecutor must prove all of the following:
- The defendant must have willfully obtained the personal identification of another individual.
- The defendant must have obtained the information without the individual’s permission or authorization.
- The defendant must have used the information for an unlawful purpose, including obtaining credit, goods, services or medical records in the victim’s name and without the victim’s consent.
In California, identity theft can be charged as either a misdemeanor or felony, depending on the seriousness of the harm to the victim, the amount of financial damage, the defendant’s prior record and the sophistication of the crime. If you engage in identity theft on the Internet, because the Internet crosses state lines, you can also be charged with a federal crime. Representation by an experienced criminal defense lawyer is critical. An expert criminal defense attorney understands how to prepare a strong defense and may even be able to get the charges dropped or alternative sentencing assigned that will keep you out of jail. If you’ve been charged with identity theft, contact the law offices of Stephen G. Rodriguez & Associates for a free, confidential evaluation of your case today.
-LegalPro
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