What is Identity Theft?

Posted by Ronald D. HeddingOct 25, 2017

When it comes to identity theft under Penal Code 530.5 PC, it is essential to realize that these types of offenses are those that judges and prosecutors pay special attention to because of the invasion of the victim's privacy.

Also, many judges and prosecutors have been victims of identity theft, as have many members of society, which gives them a solid incentive to let the defendant have it. Meaning punishes them to the full extent of the law. This is where your criminal defense attorney must come in and either show you are innocent or mitigate the damages related to the case.

Showing someone is innocent of this type of theft involves utilizing the facts of the particular case to the defendant's advantage and offering a potential jury that the prosecutor has not proven their case beyond a reasonable doubt.

Reviewing Best Strategy in Identity Theft Case

To evaluate your particular case, we would sit down and go over it step by step with an eye on what evidence the police and prosecutors have against you and whether it will be enough to convince a jury of your guilt. If the prosecutor can not prove that you are the one who caused the alleged victim to lose money, then this could be a defense in a theft-related offense situation.

Identify Theft - California Penal Code 530.5 PC

If, on the other hand, we know in advance that the prosecutor and the police do have enough evidence against you, then we will set about figuring out a plan of damage control related to your case. We will be focusing on protecting your freedom, reputation, rights, and criminal record. One of the biggest mitigating things we can do in an identity theft case is to try and figure out how we can make the victim whole again.

This means either paying them back money lost as part of the crime or helping them get back their property and good name related to the case. This will take some work, but it is worth its weight in gold as far as convincing the prosecutor and judge to give the client a break.

Always remember in identity theft cases and criminal defense in general that the judge and prosecutors see it as their job to help victims of crime and figure out what they can make the defendant do to fix the problem they created and if they can not figure this out or the defendant is no capable of helping the victim, then the judge will make sure the defendant is punished severely for their actions.

What Are the Potential Penalties If Convicted? 

The worst punishment that the prosecutors have available to them in an identity theft scenario is to send the offender to either jail or prison. Since most people do not like to have their freedom taken away, this is a penalty that we try and avoid at all costs.

Because of the new policy in California about utilizing the prisons to house hardened, violent and dangerous criminals, most times, the person who is charged with identity theft will be looking at serving time in the county jail instead of prison.

There will have to be some other harmful factors for the person to be facing prison time. For example, if they have a prior strike or a weapon was involved with the offense. But even being housed in county jail is an experience that most people never want to face and avoid at all costs.

Other punishments that a person charged with identity theft can face include, but are not limited to, fines, cal trans work, community labor, community service, and graffiti removal. The court can also take away your ability to have a checking account and to be able to use a computer during your probationary period, depending on the circumstances surrounding your particular offense.

You can also be subject to search and seizure terms by the police at any time of the day or night, and the court can place other restrictions on you, depending on precisely what you are claimed to have done and what they deem necessary to protect society and the public at large from your activities.

In fashioning a punishment in an identity theft case, your criminal defense attorney must be there to fight for you and make sure that your voice is heard in the decision-making process. Otherwise, you can expect to suffer some of the most severe consequences available to the judge and be placed in a position where it will be tough to operate or function as a productive member of society.