California Penal Code Section 530.5
by
Randy Collins on Feb. 24, 2012
Criminal Criminal Felony Criminal Misdemeanor
Summary: Identity Theft is when someone takes someone else’s identifying information, without them knowing or approving, and does so for fraudulent purposes like financial gain or to scam them for example.
Definition
Identity Theft under California Penal Code Section 530.5, is a criminal offense and it is normally filed as either a misdemeanor or felony. Identity Theft is when someone takes someone else’s identifying information, without them knowing or approving, and does so for fraudulent purposes like financial gain or to scam them for example.
Example
A common illustration of Identity Theft is when someone uses someone’s social security number, and applies for credit, uses it, and the victim has to pay.
Elements of the Crime
In order to take an Identity Theft CPC 530.5 case to trial, certain elements of the crime will have to be proven. This includes:
· That the defendant deliberately took another’s identifying information, without their approval, and they did this for their own benefit
· That the defendant stored another’s identifying information, without their approval to intentionally defraud the victim
· That the defendant sold or traded another’s identifying information and they knew it would be used for fraudulent purposes
Punishments for CPC 530.5
These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.
When found guilty of Identity Theft, it is usually filed as either a misdemeanor or felony, which includes:
Misdemeanor charges for Identity Theft include up to one year in jail and up to one thousand dollars in fine
Felony charges for Identity Theft include up to three years in prison and up to ten thousand dollars in fines
It should also be noted that identity theft can also be a federal offense and this sentencing will be thirty years in prison.
Legal Defenses for California Penal Code 530.5
A good lawyer can present many legal and valid defenses for Identity Theft charges under California Penal Code 530.5 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended those who were falsely accused of Identity Theft. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Identity Theft.
Learn more about other California Section Penal Codes here.