CALIFORNIA PENAL CODE 530.5
Are you facing charges for Identity Theft? Violation of California Penal Code Section 530.5 can be a serious felony or misdemeanor offense. Depending upon your circumstances, you could be facing years in prison and fines amounting to $10,000. Call our attorneys today to receive a free case evaluation and find out what your defense options are.
PC 530.5 Defined
Anyone who knowingly takes someone else’s personal information, with the intent to use it in an unlawful manner or for personal gain can be found guilty of violating California Penal Code 530.5.
In order to prosecute for violations of this California penal code, the state has the burden to prove you are guilty of either:
- Intentionally taking someone’s personal information without their consent for personal gain
- Storing someone’s personal information without their permission and deliberately doing so to carry out a fraud
- Selling or trading someone’s personal information without their consent, to commit or being aware that it will be used for fraud
The following could be considered an example of identify theft:
Susan, a single mother of four, has fallen on tough times. She lost her job two months ago and has no way to pay rent this month, which is 2 weeks past due. She is thousands of dollars in debt and her credit score is very very low. Susan uses her daughter’s social security and information to secure a credit card. She then uses the credit card to get cash and pay her rent.
Since Susan posed as her daughter and then used her identity to obtain money, she could be found guilty of identity theft.
Penalties for CPC 530.5 Violations
The penalties or punishment for CPC 530.5 Identity Theft depend on a number of factors including your criminal history and the circumstances surrounding the case. Some of those who are charged with committing this offense are charged with forgery as well, which is an entirely different charge. Identity Theft can be filed under (felony or misdemeanor), and those found guilty can face:
Misdemeanor:
- Up to I Year in the Orange County Jail
- A maximum $1,000 fine
Felony:
- Up to 3 Years in the California State Prison
- A maximum $10,000 fine
Other Potential Penalties
Identity Theft can be filed as a federal offense which is punishable by 30 Years in the California State Prison.
Identity Theft Legal Defense
If you are facing Identity Theft for Penal Code Section 530.5, there are several possible options that you may have available. Regardless of whether you are read to hire an attorney or not, speaking with a skilled fraud defense lawyer can help you better understand your charges as well as the options that you have available. Fill out our form or call (844) 285-9559 today to receive assistance from one of our experienced identify theft legal professionals.
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Over the years our firm has earned numerous awards and accolades for delivering outstanding legal representation. Some of our awards include: Admission to The National Top Trial Lawyers Association since 2014, AVVO Rating 10.0 Superb Rating, American Institute of Criminal Law Attorneys Award "10 Best Attorney Client Satisfaction" in 2018, Nationally Ranked Top 100 Under 40 in California Attorney Award in 2017, Member of the Newport Beach Chamber of Commerce since 2018, Martindale-Hubbell Accredited Law Firm, Distinguished in Orange County Metro "Top Attorneys" section, and Featured in Orange Coast Magazine in April 2010 as one of "Orange County's Best Criminal Defense Attorneys".
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Penalty Reduced | All Other Counts Dismissed Grand Theft
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Case Dismissed Felony Domestic Violence Battery
The Defendant was arrested for Felony Domestic Violence Battery against her husband with a $50,000 bail. Several witnesses provided statements to the Orange County Police detectives. Attorney Randy Collins argued that the Defendant experienced a nervous breakdown, leading to involuntary actions. The case was dismissed.
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Sentence Significantly Reduced Possession of a Controlled Substance for Sale
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Penalty Reduced to Disturbing the Peace Assault, Battery & Resisting Arrest
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Case Dismissed Domestic Violence
