In California, it is important to work with a criminal attorney if you are charged or implicated in an identity theft crime. While, in some states, you will need to have personally harmed someone in order to be convicted, the laws are different California. Here, you can be charged with identity theft merely by transferring information to someone who later uses it to harm another.
These are serious criminal charges that can result in jail time and a fine. Unfortunately, to be convicted of identity theft can be easy for the prosecution. If, for example, you were in a relationship and opened a credit card for your significant other based on a conversation you two had – they could come back and say that you stole their identity. With that in mind, here is what you need to know.
What is “unlawful purpose”?
In the state of California, identity theft can occur when there is an unlawful purpose. This is the intent provision. If you obtain information about someone and intend to do something illegal with that information, that is unlawful purpose. You can also be charged with a crime if you obtain information on someone and either transfer or sell it to someone else that is going to do something illegal with it. This aspect of the law can get tricky as you may have innocently shared information, not knowing the character of who you were sharing it with. As a criminal attorney, we can use this to build a defense.
In the state of California, identity theft can occur when there is an unlawful purpose. This is the intent provision. If you obtain information about someone and intend to do something illegal with that information, that is unlawful purpose. You can also be charged with a crime if you obtain information on someone and either transfer or sell it to someone else that is going to do something illegal with it. This aspect of the law can get tricky as you may have innocently shared information, not knowing the character of who you were sharing it with. As a criminal attorney, we can use this to build a defense.
What information is illegal to take?
Surprisingly, this includes far more than a social security number. Did you know that it is illegal to obtain someone’s phone numberwith an unlawful purpose? This basic information is typically publicly available but, if used to accomplish something illegal, it could be considered identity theft. It is also illegal to take more sensitive information like a passport ID number and social security number.
Surprisingly, this includes far more than a social security number. Did you know that it is illegal to obtain someone’s phone number
What is illegal?
With identity theft laws, you cannot open a credit card or obtain property in someone else’s name. For example, you cannot buy a house in your mother’s name or open a credit card and start spending money. It is important to note that you cannot obtain medical information either.
With identity theft laws, you cannot open a credit card or obtain property in someone else’s name. For example, you cannot buy a house in your mother’s name or open a credit card and start spending money. It is important to note that you cannot obtain medical information either.
Penalties
The exact penalty will be based on the damage suffered by the victim. For example, if the victim lost $100 the penalty would be far less than if a home was bought in their name and foreclosed on. Those that are convicted of identity theft can face a combination of time in prison and paying a fine.
The exact penalty will be based on the damage suffered by the victim. For example, if the victim lost $100 the penalty would be far less than if a home was bought in their name and foreclosed on. Those that are convicted of identity theft can face a combination of time in prison and paying a fine.
As a criminal attorney, we recommend seeking professional help if you are charged with a crime of any kind, including identity theft. Even if you did not intend to take someone’s identity or transfer information, that defense is not enough without an attorney. Our job is to prove your innocence in court or create enough reasonable doubt that a jury would have difficulty convicting you. To get help, call our office right away.
