Facing identity theft charges in Riverside is a serious legal matter that can result in harsh penalties, including jail time, hefty fines, and lasting damage to your reputation. You need a skilled and experienced criminal defense attorney to protect your rights and aggressively fight for the best possible outcome. The Law Offices of John L. Michels has a proven track record of successfully defending clients against identity theft allegations.
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California Penal Code 530.5 defines identity theft as the willful use of another person’s personal identifying information without their consent for an unlawful purpose, such as fraud or financial gain.
Identity theft encompasses various fraudulent activities, including credit card fraud, internet fraud such as phishing and online scams, bank account fraud, false impersonation for financial gain, and using stolen personal information to obtain loans or government benefits. These offenses carry severe legal consequences, making it essential to have a skilled identity theft criminal defense lawyer if you are facing such charges.
Possible Penalties for Identity Theft in Riverside
Identity theft is considered a “wobbler” offense, meaning it can be charged as a misdemeanor or a felony, depending on factors such as the extent of the fraud and the defendant’s criminal history.
- Misdemeanor Identity Theft:
- Up to one year in county jail
- Fines up to $1,000
- Probation and possible restitution to victims
- Felony Identity Theft:
- 16 months, 2 years, or 3 years in state prison
- Fines up to $10,000
- Possible additional penalties for aggravated cases
How Identity Theft Cases Are Charged in Riverside
Whether identity theft is charged as a misdemeanor or felony depends on the specifics of the case. Misdemeanor level identity theft typically involves lower level fraud with minimal financial impact. For example, using a found credit card to make a small purchase, accessing someone else’s bank account without authorization, or possessing a fake ID for personal use may be prosecuted as misdemeanors if there is no significant harm.
On the other hand, felony identity theft involves more severe fraud, financial loss, or multiple victims. Opening fraudulent credit accounts using stolen Social Security numbers, applying for government benefits under another person’s identity, or conducting large scale phishing scams are all felony level offenses due to the financial impact and intent to commit fraud. Medical identity theft, such as using another person’s health insurance to receive treatment or prescription drugs, is also treated seriously, as it can create lasting consequences for victims. Additionally, manufacturing or selling fake IDs or stolen credit card information is often prosecuted as a felony due to its role in facilitating other crimes.
Criminal Defenses Against Identity Theft Charges
Facing criminal theft charges can be overwhelming, but a strong legal defense can make all the difference in the outcome of your case. Depending on the circumstances, an experienced criminal defense attorney can challenge the prosecution’s claims and work to reduce or dismiss the charges. Common defenses against identity theft allegations include:
Lack of Intent – Identity theft requires intentional and unlawful use of another person’s personal information. If the accused mistakenly possessed or used someone else’s identifying details without knowing it was unauthorized, there may be no criminal intent. For example, if a person unknowingly used a friend’s credit card with their assumed permission, proving intent to commit fraud may be difficult for the prosecution.
False Accusations – Mistaken identity and wrongful allegations are common in identity theft cases, especially when financial crimes involve multiple parties or stolen information is misused by another individual. If the defendant’s name or personal details were wrongfully linked to fraudulent activities they did not commit, a defense attorney can challenge the accusations by presenting evidence such as alibi witnesses, surveillance footage, or forensic data that disproves their involvement.
Insufficient Evidence – The prosecution must prove beyond a reasonable doubt that the accused knowingly engaged in identity theft. If the evidence is circumstantial or lacks direct proof of fraudulent intent, the defense can argue that there is no solid basis for a conviction. Weak evidence, such as incomplete digital records or conflicting witness statements, can be challenged to undermine the prosecution’s case.
Consent or Authorization – In some cases, the alleged victim may have permitted the defendant to use their personal information but later claimed fraud. If the defendant had legitimate authorization to access or use another person’s credit card, bank account, or identification details, this can serve as a valid defense.
Violation of Constitutional Rights – If law enforcement obtained evidence through illegal searches, seizures, or violations of the defendant’s rights, that evidence may be inadmissible in court. A defense attorney can argue that any unlawfully obtained records, such as financial documents or electronic data, should be excluded from the case, potentially weakening the prosecution’s claims.
An experienced identity theft defense attorney will analyze every detail of the case to determine the best strategy for defending against these charges. By exposing weaknesses in the prosecution’s evidence and building a strong legal argument, it may be possible to reduce the penalties or have the charges dismissed altogether.
Benefits of Choosing The Law Offices of John L. Michels
When facing identity theft charges, you need a skilled defense attorney with a proven track record of success. John L. Michels has extensive experience handling fraud and theft related cases in Riverside County, aggressively defending clients against unfair charges and working toward case dismissals or reduced penalties.
What sets John L. Michels apart is his extensive experience, with over 25 years in criminal defense, including time as a prosecutor in the Riverside courts. His deep understanding of California identity theft laws, combined with a strong track record of getting charges dropped or reduced, makes him a powerful advocate for his clients. He takes a personalized approach to every case, crafting legal strategies tailored to the unique circumstances of each client, ensuring the best possible defense.
Get a Free Consultation Today
If you or a loved one has been charged with identity theft in Riverside, don’t wait to seek legal representation. Contact The Law Offices of John L. Michels today to schedule a free, confidential consultation and start building your defense.
Let us fight for your rights and help you navigate this challenging legal process with confidence!
