Accusations of identity theft are serious allegations that may come with fines and prison time if convicted in San Diego, California. When facing the uncertainty of what these charges could mean for your future, it is recommended to hire a San Diego identity theft lawyer to improve the chances of a favorable outcome.
Blair Defense Criminal Lawyers take your situation seriously and fight to get your charges reduced or dropped. With more than a decade of combined experience, our team has a strong track record of getting results by tailoring our approach to your unique needs. We ensure you have the help you need to navigate the legal challenges you are facing.
When you need representation for identity theft charges, contact our team online today or call us at (619) 357-4977to schedule a free consultation.
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How Blair Defense Criminal Lawyers Can Help if You’ve Been Charged with Identity Theft in San Diego, CA
Blair Defense Criminal Lawyers work diligently to defend you against charges of identity theft. We are tenacious in our pursuit of justice and fair treatment so that you receive the due process that you are owed.
When you hire our team to handle your case, your San Diego criminal defense lawyer will ensure that you receive:
- A committed legal team
- Excellent service and trusted counsel
- Support during a difficult time
- Protection of your rights
- Swift action
- Increased chances of a better outcome
Our team understands what is at stake when you are facing criminal charges, and we never stop fighting for you. We also know the stress you are under, and we work hard to relieve your anxiety by efficiently handling your case for you. Contact us today to schedule a free consultation with a San Diego identity theft lawyer.
What Constitutes Identity Theft Under California Law
According to California Penal Code § 530.5, identity theft is the act of illegally and intentionally taking another person’s personal identifying information without permission.
Data that can be considered personally identifiable information (PII) can include:
- Name and address
- Social Security numbers
- Driver’s license or passport numbers
- Phone numbers
- Email addresses
- Bank account or credit card numbers
Theft of this information is commonly used to access credit, commit fraud, purchase real estate, or access medical records. Not only is stealing this information illegal, but using it to engage in illegal activities increases the seriousness of the crime and potential charges as a result.
Defenses That Can Be Used in an Identity Theft Case
It is important to have a strong defense strategy when facing charges for identity theft. Without one, you could be looking at up to a year and up to $1,000 in fines for a misdemeanor, or up to three years in prison and up to $10,000 in fines for a felony. To minimize the punishment that you could be facing, a lawyer will assess your situation and determine what defense is most applicable and effective for the needs of your case.
Some common defenses that can be used if you have been accused of identity theft include:
- Mistaken identity
- Lack of intention
- Lack of awareness
- Consent
- Insufficient evidence
- Violation of your Constitutional rights
Your lawyer may use one or more defenses as applicable when arguing your case. The charges against you and your particular circumstances are likely to influence how your lawyer proceeds with your case. Every case is different, so what is needed in one situation may not be relevant to another.
Mitigating and Aggravating Factors in Identity Theft Cases
When defending you against charges for identity theft, your lawyer will also take into account any mitigating or aggravating factors that could impact the outcome of your case. As their names imply, these factors can decrease or increase the charges and punishments in your case.
If mitigating factors apply in your case, your lawyer will present them as part of your defense strategy to reduce or eliminate the charges against you. These factors could include a lack of intent, criminal record, or capacity. Age, minimal involvement, duress, or lack of awareness may also be considered.
Conversely, aggravating factors may be used by the prosecution to increase your punishment. These may include preying on someone who was vulnerable, prompting other individuals to participate, and premeditation. Additionally, any prior criminal history could affect your current charges, as it shows that you have engaged in other illegal activities. If these factors arise in your case, your lawyer will present arguments to defend you.
Contact Our San Diego Identity Theft Lawyers for a Free Consultation
Blair Defense Criminal Lawyers relentlessly defend you when you are facing identity theft allegations. We work diligently to protect your rights and freedoms and ensure you are not treated unfairly. Our team fights to get you the most favorable outcome possible in your case. To learn more about what your team can do for you, contact our office today to schedule a free consultation with a San Diego identity theft attorney.
