Vista DUI Lawyer and Criminal Attorney Peter M. Liss

24 hour hotline
  • DUI / Felony DUI
    • Vista DUI Attorney
    • DMV Hearings
    • DUI Defenses
  • Domestic Violence
  • Sex Crimes
    • Sex Crime Defense
    • Child Pornography
    • Child Molestation
    • Sexual Assault
  • Traffic Offense Help
    • Traffic Offense Help
    • Reckless Driving
    • No-License Driving
    • Hit and Run Accident
  • More Practice Areas
    • White Collar Crime
      • Fraud Charges
    • Theft Defense
    • Drug Offenses
    • Violent Crime
      • Weapons Charges
      • The Three Strikes Law
    • Juvenile Crime
  • Resources
    • Contact Us
    • San Diego Office
    • The Criminal Process
    • Criminal Defense FAQ
    • Hiring a Criminal Lawyer
    • Vista Criminal Law Blog
  • Contact Us 24/7
  • En español

A San Diego Identity Theft Attorney Can Help You Fight the Charges

October 19, 2021 Written by Jill Harness and Edited by Peter Liss

identity theft laws california 530.5 (PC)

Identity theft is one of the fastest growing type of criminal activities in the nation and California is one of the epicenters of this type of white collar crime. As a result, the state is one of the leaders in prosecuting these serious crimes. In fact, California was the first state to create a specific agency designed specifically to protect the identity of its citizens and the San Diego District Attorney even has a specialized unit working to investigate and prosecute these crimes. Because San Diego County and the state of California both this crime so seriously, it is critical that anyone accused immediately contact a lawyer experienced in defending suspects accused of identity theft.

What is Identity Theft?

Identity theft, as covered in the California Penal Code section 530.5 (PC), is the crime of obtaining personal identifying information belonging to another person and using it for an unlawful purpose or in a fraudulent manner. For the purpose of the law, identifying information includes a person’s name, address, telephone number, bank account numbers, driver’s license number, passport information and more. In fact, the state’s mail theft law is a subsection of the greater identity theft law, since it is such a common method of identity theft.

Common examples of identity theft include providing someone else’s driver’s license after being stopped by police, opening a credit card under someone else’s name, or using someone else’s social security number to get medical care.

In order for the prosecution to prove someone is guilty of identity theft, they must show that the defendant obtained someone’s personal information without that person’s consent, and that you intentionally used that identifying information for fraudulent purposes. In other words, if your grandmother told you that you could cash her check for her and keep the money, this would not be considered identity theft and would absolutely be legal. A skilled identity theft defense attorney in San Diego can often argue that there is simply not enough proof to show that you acted willfully, without the consent of the victim, with the intent of committing fraud.

What is the Penalty for Identity Theft in California?

Identity theft is wobbler under 530.5 (PC), meaning it is punishable as either a misdemeanor or felony offense. When charged as a misdemeanor, the penalty is no more than one year in county jail and $1,000 in fines. As a felony though, a conviction can mean a sentence of up to 3 years in state prison and up to $10,000 in fines. No matter what the specifics of the case, if you are convicted, you will be required to pay restitution to the victim.

Search and Seizure

Investigators of these crimes will generally search the home of suspected identity thieves and seize anything they believe may have been used to perpetrate the crime, including computers, specialized printing equipment, digital cameras, and other electronics. Crimes involving computer seizures are particularly difficult for both the prosecution and defense, which is why it is so important to work with an identity theft defense attorney in San Diego with experience handling complex computer crime cases.

While it is always beneficial to have an attorney prior to having your property searched, even if you hired your lawyer after the fact, he may be able to show that evidence was retrieved from your home without proper constitutional procedures -rendering certain pieces of evidence inadmissible in court.

Similar Criminal Charges

On top of charges related to violations of 530.5 (PC), other common theft and white collar criminal charges filed against those suspected of breaking the identity theft laws of California include grand theft, petty theft, credit card fraud, forgery, using falsified documents, check fraud, insurance fraud, false impersonation, elder abuse and more. Potential consequences for the offense include incarceration in prison, massive fines and mandatory restitution being made to the victim(s). These crimes are all felonies and all require a skilled criminal defense.

If you have been accused of, or believe you may be charged with, violating any type of identity theft laws in California, please contact Peter M. Liss as soon as possible. You can schedule a free initial consultation to discuss your case by calling (760) 643-4050 or (858) 486-3024.

Filed Under: Fraud Charges, WHITE COLLAR CRIME Tagged With: theft, fraud, identity theft in san diego, identity theft defense, 530.5(e) (pc), 530.5 (PC), identity theft crimes lawyer san diego, identity theft attorney san diego, identity theft crimes california

Call Today, I Can Help You

criminal justice attorney Peter M. Liss
The Experience You Need

I have been practicing law for over 35 years, and opened my own law firm in 1998, after serving as Assistant Supervising Public Defender for the Vista Public Defender’s Office. I have defended many high profile cases in my career, fighting charges ranging from drunk driving to capital murder.

Two Easy-to-Find Offices

My Vista offices are located just off the 78 freeway, directly across the street from the local courthouse and jail facility. For those further south, I have another office in Carmel Valley, off the 5 freeway and highway 56. Both offices offer free parking.

Call (760) 643-4050 Now

You can call my offices any time of day, every day to speak with a live person who can help you schedule a free initial consultation. If you have any questions, I return my calls promptly and courteously.

My Guarantee to You

I ensure all clients receive top quality representation at affordable rates and I accept all major credit cards. Hablamos Espanol.

I’m available, let’s talk

My Practice Areas

I handle all types of misdemeanor and felony criminal cases in San Diego County, including:

  • Driving Under the Influence
    • DMV DUI License Hearings
    • Drug DUI
    • DUI Evidence
  • Domestic Violence
  • Sex Crimes
    • Sexual Assault/Rape
    • Child Molestation
    • Child Pornography
  • White Collar Crimes
    • Fraud Cases
    • Embezzlement
    • Identity Theft
    • Computer Crimes
  • Theft Crimes
    • Petty Theft
    • Grand Theft
    • Shoplifting
    • Robbery
    • Burglary
  • Drug Charges
    • Sales
    • Possession
    • Trafficking
  • Violent Crimes
    • Weapons Offenses
    • Assault
    • Homicide
    • Hate Crimes
    • Gang Crimes
    • Third Strike FAQ
  • Criminal Traffic Offenses
    • Driving on a Suspended License
    • Hit and Run Accidents
    • Reckless Driving
    • Vehicular Homicide
  • Juvenile Crime Defense
    • Truancy
    • Vandalism
    • Minor in Possession

Categories

  • CRIMINAL DEFENSE
  • DUI / FELONY DUI
    • DUI Lawyers Vista
    • License Suspensions
    • Sentencing
    • Traffic Stops
  • DRIVING OFFENSES
    • Traffic Offenses
    • Fleeing the Police
    • Hit and Run Accidents
    • Reckless Driving
    • Street Racing
  • DOMESTIC VIOLENCE
  • WHITE COLLAR CRIME
    • Computer Crimes
    • Fraud Charges
  • DRUG OFFENSES
  • VIOLENT CRIMES
    • Gang Crimes
    • Animal Abuse
    • Assault and Battery
    • Hate Crimes
    • Homicide
    • Kidnapping
    • Weapons Charges
  • SEX OFFENSES
    • Sharing Obscene Materials
    • Sex Offenses
    • Rape
    • Sex Crimes Involving Children
  • THEFT CRIMES
    • Theft Defense
  • FAQs
  • FEDERAL CRIMES
    • Federal Crimes Lawyers in Vista
  • HYPOTHETICAL SITUATIONS
    • Hypotheticals
  • JUVENILE CRIME
    • San Diego Juvenile Crimes Lawyer
  • LEGAL PROCEDURES
    • The CA Legal System
  • SENTENCING ALTERNATIVES
  • CORONAVIRUS NEWS
  • DUI / Felony DUI
  • Driving Offenses
  • Domestic Violence
  • White Collar Crimes
  • Theft Defense
  • Drug Offenses
  • Violent Crimes
  • Sex Offenses
  • Juvenile Crime
  • Privacy Policy
  • Terms of Use

Peter M. Liss,
Criminal Defense Attorney
(760) 643-4050
380 S Melrose Drive #301
Vista, CA 92081

vista crimminal law logo

Copyright 2003, 2021 Peter M. Liss, Esq.
ALL RIGHTS RESERVED


About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified defense attorney.