California Penal Code 530.5

Are you facing charges for Identity Theft? Violation of California Penal Code Section 530.5 can be a serious felony or misdemeanor offense. Depending upon your circumstances, you could be facing years in prison and fines amounting to $10,000. Call a MacGregor & Collins, LLP attorney today to receive a free case evaluation and find out what your defense options are.

 

PC 530.5 Defined

 

Anyone who knowingly takes someone else’s personal information, with the intent to use it in an unlawful manner or for personal gain can be found guilty of violating California Penal Code 530.5.

 

In order to prosecute for violations of this California penal code, the state has the burden to prove you are guilty of either:

 

  • Intentionally taking someone’s personal information without their consent for personal gain
  • Storing someone’s personal information without their permission and deliberately doing so to carry out a fraud
  • Selling or trading someone’s personal information without their consent, to commit or being aware that it will be used for fraud

 

The following could be considered an example of identify theft:

 

Susan, a single mother of four, has fallen on tough times. She lost her job two months ago and has no way to pay rent this month, which is 2 weeks past due. She is thousands of dollars in debt and her credit score is very very low. Susan uses her daughter’s social security and information to secure a credit card. She then uses the credit card to get cash and pay her rent.

 

Since Susan posed as her daughter and then used her identity to obtain money, she could be found guilty of identity theft.

 

Penalties for CPC 530.5 Violations

 

The penalties or punishment for CPC 530.5 Identity Theft depend on a number of factors including your criminal history and the circumstances surrounding the case. Some of those who are charged with committing this offense are charged with forgery as well, which is an entirely different charge.  Identity Theft can be filed under (felony or misdemeanor), and those found guilty can face:

 

Misdemeanor:

 

  • Up to I Year in the Orange County Jail
  • A maximum $1,000 fine

 

Felony:

 

  • Up to 3 Years in the California State Prison
  • A maximum $10,000 fine

 

Other Potential Penalties

 

Identity Theft can be filed as a federal offense which is punishable by 30 Years in the California State Prison.

 

Identity Theft Legal Defense

 

If you are facing Identity Theft for Penal Code Section 530.5, there are several possible options that you may have available. Regardless of whether you are read to hire an attorney or not, speaking with a skilled fraud defense lawyer can help you better understand your charges as well as the options that you have available. Fill out our form or call (888) 250-2865 today to receive assistance from one of our experienced identify theft legal professionals.

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