Identity theft occurs when a person uses another person’s identifying information in a fraudulent or unlawful manner. It can be charged as either a misdemeanor or a felony.
What is considered identifying information?
Identifying information can include a wide range of information, including but not limited to:
- Telephone numbers
- Account numbers
- Driver’s License information
- Passport information
- Social Security number
What are the defenses to California Identity Theft?
No fraudulent intent/ No unlawful purpose. A prosecutor will have to prove that the defendant used another person’s information in an unlawful manner or with fraudulent intent – if they can’t, you may have a defense!
Interactive computer service or software provider. Computer services or software providers are exempt from identity theft charges unless they sell or transfer the information with the intent to commit fraud.
Everyone’s case is different, and certain defenses may or may not apply to your individual situation and the circumstances of the case. It is always wise to consult with an experienced attorney to discuss your situation.
If you or a loved one is facing potential charges, reach out to our office to discuss your case. Doug and I are experienced attorneys who work hard to support and meet our clients’ needs. Contact us for a consultation today.
DISCLAIMER: This section offers a series of criminal law and personal injury related bulletins prepared by the attorneys at Hayes Law Offices. This is not exhaustive, nor is it legal advice. You should discuss your particular situation with us or with your own attorney. Our legal representation is only undertaken through a contract and not by the distribution or use of this information.