If you have been charged or arrested with Identity Theft in Orange County
for taking another person’s personal identifying information for an unlawful use or knowingly using it or selling it in a fraudulent manner, you should contact an experienced attorney. Our our attorneys at The Atias Law Firm, based in Orange County, know the ins and out of these crimes. I strongly encourage you to call the firm, because these kinds of cases are so fact specific, and often times the police and District Attorneys will presume that our clients simply possessed the requisite knowledge they did not, the charges are more trumped up than what may play out in the courtroom. We do not charge for consultations. In Orange County, Identity Theft
is a wobbler so it is divided into two degrees, Felony Identity Theft
and Misdemeanor Identity Theft
. Identity Theft is usually committed when someone takes another person’s personal identifying information for use in an unlawful or fraudulent manner
Identity Theft Orange County PC 530.5
First, let us explain the relevant law that is applicable to Identity Theft in Orange County
, briefly summarized below. However, the full text of the Identity Theft laws in Orange County
can be found in California Penal Code Section 530.5. To prove that the defendant is guilty of Identity Theft, the Prosecutor must prove that:
- willfully obtain personal identifying information of another person for any unlawful purpose
- use of identifying information without consent to commit fraud
- Selling anothers personal identifying information with intent or knowledge that fraud will be committed by the sale without consent.
Identity theft laws can be confusing to a defendant charged with a crime. Our criminal defense attorneys in Orange County know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, such as Petty Theft, or another non-theft misdemeanor charge.
Reducing An Identity Theft Charge To A Lesser Crime
Circumstances may allow the Prosecutor to charge you with Misdemeanor Identity Theft, rather than Felony Identity Theft. These circumstances include the amount of injury inflicted and who the injury was inflicted upon. Our attorneys may be able to show that your Felony Identity Theft charge should be reduced to a Misdemeanor Identity Theft charge. Call today for a free and confidential initial consultation. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed.
Will I Go To Jail?
Possibilities & Penslties Of Identity Theft in Orange County
Identity Theft is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony. Misdemeanor Identity Theft is punishable by a maximum of one year in jail and a $1,000 fine. Felony Identity Theft may result in a sentence up to three years in jail and a fine of up to $10,000. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.
Identity Theft Defenses in Orange County
Our Identity Theft lawyers in Orange County knows the defenses that may help get your Identity Theft charge dismissed. There are a number of defenses to Identity Theft in Orange County, however the applicability of those defenses depends on the facts of your case. For example, as you can see above, the Prosecutor has a lot to prove. We may be able to show that any number of the requirements of the law aren’t met. For instance, we may be able to show that, although you took someone’s identifying information, you did not have the intent to defraud anyone. We may be able to challenge the Prosecution’s case by showing that you did not willfully obtain the information. Also, if you did not have an unlawful purpose then the Prosecution’s case against you may not hold up. Another common defense is that the police did something wrong while investigating your case. For instance, if the Officer who stopped you did not have reasonable suspicion to stop and detain you then our attorneys may be able to get your case dismissed. Also, if you were detained by Officers who used an unreasonable amount of force then that may be a defense in your case. Also, if you have been charged with multiple counts of Identity Theft, we may be able to get all of your charges consolidated into one charge, with one penalty.
How Can Identity Theft Charges Be Reduced?
When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. The experienced attorneys at The Atias Law Firm may be able to help you get your Identity Theft charge reduced to a lesser charge. Our Identity Theft lawyers in Orange County may be able to get your Identity Theft charge, and the penalties reduced to those penalties associated with Petty Theft or Misdemeanor Identity Theft.
What Happens If I Have a Prior Conviction?
If you have prior convictions for Identity Theft, then you may face increased penalties in your current Identity Theft case. Identity We aggressively challenge any prior convictions. For instance, if your prior Identity Theft conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Identity Theft penalties. Call The Atias Law Firm now to see how your prior convictions may impact your current Identity Theft charge.
What Should I do about a Identity Theft charge in Orange County?
Contact The Atias Law Firm in Orange County today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.