Have you been charged with violating fraud laws? In California, these offenses can result in a misdemeanor or a felony on your criminal record. A conviction can cost you thousands of dollars and can result in jail time. At MacGregor & Collins, LLP, our white collar criminal defense attorneys can guide you through the legal process and help you to better understand the charges that you are facing. Call 888-250-2865 to take advantage of a free consultation with one of our experienced criminal defense attorneys for up to one hour.
Avoiding an Identity Theft Conviction
In order for prosecutors to secure a conviction for violating CPC 530.5(a), they would need to have evidence that you are guilty of the crime. For Orange County offenses, this means that they would have to convince a judge and/or jury that you:
- willfully obtained someone else’s personally identifying information
- willfully used that information for an unlawful purpose
- used the information without the consent of the person whose identifying information you were using
There are several scenarios that could result in criminal charges. The following could be considered an example:
Sandra has been saving her money for three years to buy a new car. She has saved $5,000, so she goes to the dealership, picks out the car she wants, and negotiates a payment, but she is denied for a loan. Sandra has a sister with very good credit, so she impersonates her sister and provides false identification to secure the loan in her sister’s name. Everything goes well for a few months, but questions from the bank end in criminal charges. Since Sandra impersonated her sister to secure a financial loan, she could be found guilty of identity theft.
Identity Theft Penalties
This is a crime that could be charged either as a misdemeanor or felony, depending on the severity of the crime and whether or not it was your first offense. Those facing misdemeanor identity theft face possible punishment of imprisonment in county jail for up to one year or imprisonment and a fine.
Felony violations are punishable by imprisonment in state prison or a fine and imprisonment.
Regardless of the circumstances that led to your arrest, a MacGregor & Collins, LLP legal professional can help. A skilled white collar attorney in Orange County will be able to examine the evidence in your case and use it your advantage. Call or fill out our contact form today to obtain a free case evaluation from a skilled lawyer today.