Identity theft is a serious crime in California, with severe penalties and consequences for those convicted. Being accused of this offense can be overwhelming, but it is important to remember that you have the right to defend yourself. With the right defense strategy, you can fight these charges and protect your freedom and future.
At Bernal Law, we see many cases where individuals have been falsely accused of identity theft. By understanding your legal rights and options, you can better protect yourself and build a solid defense with the help of a skilled and experienced criminal defense attorney.
How Does California Law Define Identity Theft?
Identity theft under California law is described as the unauthorized use of another individual’s personal information with the intention to conduct fraudulent activities, such as creating counterfeit accounts, making unauthorized transactions, or improperly applying for credit. This deceitful act can result in substantial financial losses for the victim and severely impact their credit history or reputation.
Identity theft is recognized as a criminal offense under both federal and state legislations. Specifically, according to California Penal Code 530.5 PC, an individual commits identity theft when they willfully obtain or retain someone else’s personal identifying information and utilize it for any illegal purpose, all without obtaining the person’s consent. The term “personal identifying information” encompasses a wide array of data including, but not limited to, a person’s name, address, phone number, driver’s license number, social security number, health insurance details, and more.
Three Strong Identity Theft Defenses
Navigating through the complexities of identity theft charges requires a strong defense strategy. Consider these three potent defenses that could be instrumental in disputing such allegations in California:
Lack of Intent to Defraud
One defense against identity theft charges hinges on demonstrating a lack of intent to defraud. This approach focuses on proving that any use of someone else’s personal information was not done with fraudulent purposes or to gain unlawfully.
To argue this defense, you and your lawyer will need to provide evidence showing there was no intention to engage in fraudulent activities through communication records, witness statements, or any other documentation that supports the claim of a lack of fraudulent intent. Establishing that actions were misinterpreted or resulted from a misunderstanding can undermine the accusation’s foundation.
In cases of identity theft, it’s not uncommon for innocent individuals to be mistakenly identified as the perpetrator. This can occur due to errors in evidence collection, misinterpretation of digital data, or simply because the actual criminal used tactics to mislead authorities.
Proving you were falsely accused or that there has been a case of mistaken identity requires a meticulous review of the evidence and possibly the presentation of an alibi. Demonstrating to the court that you were not involved in the crime and that the accusation against you is based on incorrect assumptions or flawed investigative work can be a strong defense.
Consent Given by the Alleged Victim
Another possible defense against identity theft charges is proving the alleged victim gave their consent to use their information. This might happen in scenarios where there was an agreement or understanding between you and the person whose information was used, allowing for the use of their details for a specific purpose.
To support this defense, presenting evidence such as written agreements, emails, text messages, or witness testimonies that confirm the consent was given could be crucial. Proving consent can challenge the claims against you, showing the use of the information was authorized and not fraudulent.
Speak With a Skilled Identity Theft Defense Attorney At Bernal Law
As a former prosecutor with nearly a decade of experience, Attorney Pedro Bernal has seen firsthand the complexities involved in identity theft cases. Now, as a defense attorney at Bernal Law, he leverages this unique perspective to craft robust defenses for his clients.
Whether you’re contesting charges due to a lack of intent, mistaken identity, false accusation, or any other reason, he’s here to help. His goal is to ensure your rights are protected and to work towards the best possible outcome for your case. Don’t hesitate to call us at (619) 736-9092 or fill out our contact form for a confidential consultation.
