Santa Ana Identity Theft Defense Lawyers
WHITE COLLAR CRIME CHARGES
Identity Theft
The crimes that gain the most publicity are drug crimes and violent crimes, but many white collar crimes are gaining ground. One of the most common white collar crimes is identity theft. With advancements in technology, this form of fraud has quickly become more sophisticated, making identity theft crimes more complex, and prosecutions more aggressive.
Identity Fraud Defined
According to The Federal Trade Commission (FTC), identity theft, or identity fraud, is a crime where a person uses another's personal identifying information, such as name, credit card number, driver's license number and/or Social Security number, without authorization, to commit various forms of fraud and other crimes. About 9 million people have their identities stolen in the United States annually. As incidence rates of identity theft increase, so do enforcement and prosecution.
Forms of Identity Theft
Any type of identity theft is a criminal offense and can carry strict penalties. If you have been charged with identity theft, it would fall under one of the following ID theft categories:
- Criminal identity theft - using another person's identity when arrested for a crime;
- Financial identity theft – using another person's identity to obtain credit, goods, and/or services;
- Identity cloning - using another person's identifying information to assume their identity in everyday life;
- Medical identity theft – using another person's identity to obtain medical care and/or prescriptions; and
- Child identity theft – using a child's identity for any of the above purposes.
Identity theft cases require that the person whose identity was allegedly stolen prove that any fraudulent actions were not committed by him or her. Identity thieves are not always caught or convicted, usually as the result of weak evidence, however this does not mean that ID theft crimes are weakly prosecuted. A white collar crime is still a crime and still subject to the penalties established under state law. An accused identity thief has one chance to reduce or dismiss the charges, and that chance is an experienced criminal defense attorney.
California ID Theft Law
According to Section 530 of the California Penal Code, identity theft is defined as the “unauthorized use of personal identifying information to obtain credit, goods, services, or medical information in the name of another person.” Specifically, it is the willing and knowing use of another's information without permission. Misunderstandings and false accusations are common in identity theft cases.
If convicted, an identity thief would be charged with a felony and be subject to a maximum imprisonment of one year in a county jail and/or a maximum $1,000 fine or imprisonment in state prison and/or a maximum fine of $10,000. Additional penalties may also be imposed for repeat offenders or those with a prior criminal record.
How a White Collar Crime Defense Attorney Can Help
White collar crimes are often surrounded my misunderstandings, circumstantial evidence and even false accusations and identity theft crimes are no different. A suspect can still be convicted on weak evidence, however. If you have been accused of identity theft in California, your best option to avoiding unjust or unnecessary charges and penalties is to retain the services of a knowledgeable attorney. Contact the aggressive Santa Ana identity theft defense lawyer Jeremy N. Goldman to learn more about protecting your legal rights. Call (800) 349-1619 today for a consultation.
