Identity Theft

In the digital age, criminal identity theft has surged as a pervasive and complex financial crime, particularly in densely populated and technologically advanced regions like Los Angeles. The sheer volume of personal data circulating online and the sophistication of cybercriminals have created a fertile ground for these offenses. California, recognizing the severity of this issue, has enacted stringent laws, primarily codified under Penal Code Section 530.5 PC, to combat identity theft.

If you are facing accusations, are under investigation, or have been arrested for criminal identity theft in Los Angeles, securing an experienced and knowledgeable white-collar attorney is paramount. Attorney Michael Kraut, a seasoned Los Angeles Identity Theft Defense Attorney and former prosecutor, brings a unique perspective to these cases. His deep understanding of prosecutorial strategies and the intricacies of California's identity theft laws allows him to construct aggressive and strategic defense plans to safeguard your rights and challenge the charges against you.

California Penal Code Section 530.5 PC broadly defines identity theft as the unauthorized acquisition, possession, or use of another person's personal identifying information with the specific intent to commit fraud or engage in other unlawful activities. This definition encompasses a wide range of actions, reflecting the diverse methods used by criminals to exploit personal data.

• This is the most fundamental form of identity theft. It involves the intentional procurement and use of another person's personal information without their explicit consent.
• "Personal identifying information" is a broad term that includes but is not limited to:
• Names
• Addresses
• Social Security numbers
• Driver's license numbers
• Bank account numbers
• Credit card numbers
• Medical records
• Email addresses
• Passwords 
• The key element here is the lack of authorization. Even if the information is used without causing direct financial loss, the act of unauthorized use itself constitutes a crime. 

• This provision criminalizes the mere possession of another person's identifying information with the specific intent to defraud.
• Even if the information has not yet been used, the prosecution can pursue charges if they can demonstrate that you possessed the information with fraudulent intent.
• This section is very important because it allows prosecution to happen before any financial loss is sustained. This is often used to stop large-scale identity theft rings.

• This section targets those involved in the distribution and sale of stolen personal information.
• It is a serious offense to sell, transfer, or convey another person's identifying information with the intent to facilitate fraud.
• This is often used to prosecute those who are involved in the distribution of stolen information on the dark web.

• When someone uses a stolen identity to commit another crime, such as credit card fraud, check fraud, or even more serious offenses like drug trafficking or terrorism, this provision applies.
• This can lead to significantly enhanced penalties, as it involves the commission of multiple crimes.
• This can also be used to enhance sentences related to other crimes if it can be proven that the other crime was committed while utilizing another person's stolen identity.

California law categorizes identity theft as a "wobbler" offense, which gives prosecutors the discretion to charge it as either a misdemeanor or a felony, depending on the specific facts of the case. Factors that influence this decision include:

• The severity of the offense
• The amount of financial loss involved
• The defendant's prior criminal record

Misdemeanor Identity Theft:

• Up to one year in county jail
• Fines up to $1,000
• Summary probation

Felony Identity Theft:

• 16 months, 2 years, or 3 years in state prison
• Fines up to $10,000
• Formal probation

Aggravating Factors That Can Increase Penalties:

• Significant financial losses to victims
• Involvement of multiple victims
• Use of identity theft to facilitate other crimes, such as fraud or theft
• The defendant's prior criminal history
• If the victim is an elder or dependent adult.
• If the value of the fraud exceeds certain monetary thresholds.

In addition to criminal penalties, defendants may be ordered to pay restitution to the victims, compensating them for any financial losses suffered.

A strong legal defense is essential when facing identity theft charges. Some common defense strategies include:

• Lack of Intent: The prosecution must prove that you intentionally used another person's information with fraudulent intent. If your actions were accidental or without any fraudulent purpose, this can serve as a powerful defense.
• False Accusations or Mistaken Identity: In some cases, individuals are falsely accused due to personal vendettas or mistaken identity. A thorough investigation can uncover such discrepancies.
• Authorization: If you had explicit or implied authorization to use the information in question, you cannot be convicted under PC 530.5.
• Insufficient Evidence: The prosecution must prove your guilt beyond a reasonable doubt. If the evidence is weak or circumstantial, your attorney can challenge its validity.
• Illegal Search and Seizure: If law enforcement obtained evidence through illegal means, such as an unlawful search, your attorney can file a motion to suppress that evidence.
• Entrapment: If Law enforcement induced you into committing a crime that you otherwise would not have committed, that is entrapment.

• Remain Silent: Do not speak to law enforcement without first consulting with an attorney.
• Gather Evidence: Preserve any records, emails, or documents that support your defense.
• Avoid Social Media: Refrain from discussing your case on social media, as investigators may be monitoring your online activity.
• Contact an Attorney Immediately: A skilled criminal defense attorney can protect your rights and guide you through the legal process.

Attorney Michael Kraut's extensive experience as a former Deputy District Attorney provides him with invaluable insights into prosecutorial tactics. He can provide:

• Expert legal representation in identity theft cases
• Personalized defense strategies tailored to your specific circumstances
• Aggressive negotiation to seek reduced charges or dismissals
• Effective trial advocacy to defend you in court

Do not hesitate to contact Kraut Law Group Criminal & DUI Lawyers for a confidential consultation. Call (323) 464-6453 or reach us online today and fight for your freedom.