Identity theft is one of the fastest-growing white collar crimes in California, and prosecutors across the state treat it with extreme seriousness. Under California Penal Code § 530.5, identity theft occurs when someone uses another person’s personal identifying information without permission for unlawful purposes—most commonly to obtain money, goods, services, or other benefits.
At RP Defense Law APC, we have more than 18 years of experience defending individuals accused of financial and fraud-related crimes, including identity theft. Understanding how California law defines identity theft—and the potential consequences—can help you see why early legal representation is so important. Call (818) 646-3443 or contact us online to speak with a criminal defense attorney at RP Defense Law APC.
What Constitutes Identity Theft in California?
California Penal Code § 530.5 outlines several acts that qualify as identity theft. You can be charged even if the alleged victim did not suffer a financial loss, and even if the unlawful use was brief or unsuccessful. The key factor is using someone’s personal identifying information without consent with the intent to commit fraud.
Personal identifying information may include:
- Social Security numbers
- Driver’s license numbers
- Bank account or credit card numbers
- Dates of birth
- Passport numbers
- Login credentials for online accounts
- Addresses and phone numbers
Main Types of Identity Theft in California
Financial Identity Theft
This is the most common form of identity theft, where the accused uses someone else’s personal information to make purchases, open accounts, or obtain loans. Examples include:
- Using stolen credit card numbers to shop online.
- Opening a new credit line using another person’s Social Security number.
- Cashing checks written to another person.
Under Penal Code § 530.5, financial identity theft is often charged as a “wobbler” offense, meaning it can be prosecuted as either a misdemeanor or a felony. Penalties may include:
- Misdemeanor: Up to 1 year in county jail and/or fines up to $1,000.
- Felony: 16 months, 2 years, or 3 years in county jail and/or fines up to $10,000.
- Restitution to the victim to cover financial losses.
Criminal Identity Theft
This occurs when someone uses another person’s identity to avoid arrest, prosecution, or to commit a crime in that person’s name—for example, providing someone else’s information to a police officer during a traffic stop or arrest.
Criminal identity theft can result in additional charges beyond Penal Code § 530.5, such as filing false information with law enforcement. Consequences may include:
- Felony or misdemeanor charges, depending on the facts.
- Jail or prison time.
- Permanent entry on your criminal record that can affect background checks.
Medical Identity Theft
This involves using another person’s identity to obtain medical services, prescription drugs, or to submit false insurance claims. Medical identity theft can have serious consequences for the victim, including incorrect entries in medical records.
Medical identity theft is prosecuted under the same statute but often carries more severe sentencing considerations because of the potential harm to the victim’s health. Convictions may result in:
- Misdemeanor or felony penalties under § 530.5.
- Additional charges for insurance fraud (California Penal Code § 550).
- Restitution for fraudulent medical bills.
Online or Cyber Identity Theft
This includes phishing scams, hacking into personal accounts, and using stolen login credentials to access online banking, social media, or e-commerce platforms. California also criminalizes “phishing” under Penal Code § 530.5(e).
Penalties depend on the method used and the scope of the alleged theft:
- Misdemeanor or felony charges under § 530.5.
- Computer crimes enhancements under Penal Code § 502.
- Additional federal charges if interstate commerce or data breaches are involved.
Factors That Affect Sentencing in Identity Theft Cases
Several factors influence whether identity theft is charged as a misdemeanor or a felony, as well as the penalties that may apply:
- Value of the property or money obtained – Higher amounts often result in felony charges.
- Number of victims – Multiple victims can lead to sentence enhancements.
- Criminal history – Prior convictions can increase penalties.
- Use of personal identifying information for other crimes – Using stolen information to commit other offenses can add charges.
California also has an aggravated white collar crime enhancement (Penal Code § 186.11) that can add 1 to 5 years to a sentence if the crime involved a pattern of fraud totaling more than $100,000.
Defenses to Identity Theft Charges
An experienced criminal defense attorney in California may raise defenses such as:
- Lack of intent to defraud – Mere possession of personal information is not enough; prosecutors must prove fraudulent intent.
- Consent – If you had permission to use the information, the charges may not stand.
- Mistaken identity – You were misidentified as the perpetrator.
- Insufficient evidence – The prosecution cannot prove all elements of the crime beyond a reasonable doubt.
Early Legal Representation Matters
Identity theft investigations often involve banks, credit agencies, and law enforcement agencies working together to build a case. By the time charges are filed, the prosecution may already have compiled months of evidence. Having a criminal defense attorney involved early can sometimes stop charges before they’re filed, limit exposure to law enforcement questioning, and start building a strong defense immediately.
If you’ve been accused of identity theft or are under investigation, you’re facing potentially life-changing consequences. Call (818) 646-3443 to schedule a free discovery call. Consultations are paid. Contact RP Defense Law APC online to speak confidentially with a criminal defense attorney today.
