Orange County & Los Angeles
Identity Theft Defense Attorney
Free, confidential phone consultations 24/7/365. Payment plans available.
The Short Answer
Identity theft under Penal Code 530.5 is willfully obtaining and using someone's personal identifying information for an unlawful purpose without their consent. It is a wobbler, so exposure ranges from misdemeanor jail time to three years. The elements the prosecution most often cannot prove are unlawful intent and knowledge: people are accused over authorized use, shared accounts, and information they had legitimate reason to possess. These cases are also frequently built on weak digital evidence that a real defense can dismantle.
Identity theft charges cover a huge range, from elaborate fraud rings to a spouse using a shared credit card, a family member opening an account, or someone who possessed another person's information for an entirely lawful reason. The statute is broad, which means it sweeps in a lot of conduct that is not what most people picture as identity theft.
Farris Law Firm defends PC 530.5 cases across Orange County and Los Angeles, focusing on the two elements that decide most cases: whether you actually had unlawful intent, and whether the digital evidence really points to you.
How Identity Theft Is Charged
Obtaining personal identifying information (PC 530.5(c))
Acquiring another's information with intent to defraud. The intent element is central.
Using the information unlawfully (PC 530.5(a))
Using the information for any unlawful purpose without consent, the most commonly charged form.
Selling or transferring information (PC 530.5(d))
Passing identifying information to others, carrying heavier exposure.
Wobbler in most forms
Chargeable as a misdemeanor or felony, and each victim can support a separate count.
Penalties for Identity Theft
A wobbler, but multiple counts and multiple victims can compound exposure quickly.
| Charge | Level | Exposure |
|---|---|---|
| Identity theft (misdemeanor) | Misdemeanor | Up to 1 year county jail and fines |
| Identity theft (felony) | Felony | 16 months, 2, or 3 years |
| Multiple victims | Separate counts | Each victim can be charged separately, stacking exposure |
| Collateral | All convictions | Moral turpitude: license and immigration consequences, plus restitution |
Defenses That Work in Identity Theft Cases
Intent, consent, and identification are the battlegrounds:
- No unlawful intent: possessing or using information for a lawful reason is not a crime
- Consent: shared accounts and authorized use inside families and relationships
- Mistaken identity: IP addresses and account access do not always point to the person charged
- You did not know the information was another real person's
- Insufficient digital evidence linking you to the actual use
- Suppression of unlawfully obtained devices and records
Frequently Asked Questions
I used my spouse's card with what I thought was permission. Is that identity theft?
It should not be, and consent is a real defense. Shared finances inside a marriage or relationship routinely get reported as identity theft during breakups and disputes. If you had permission, or reasonably believed you did, that negates the unlawful intent the statute requires.
The police say my IP address was used. Does that prove it was me?
No. Shared networks, multiple household members, spoofing, and account compromises all mean an IP address or a logged-in account is not proof of who was at the keyboard. Digital identification is far shakier than prosecutors present it, and attacking it is often the core of the defense.
How serious is an identity theft charge?
It is a wobbler, so it can be a misdemeanor or a felony, and because each alleged victim can be a separate count, exposure adds up fast in multi-victim cases. That is exactly why early defense to contain the charges matters. Call us for a confidential assessment.
Can identity theft affect my immigration status?
It can. Fraud-related offenses are crimes of moral turpitude with potential immigration consequences for non-citizens. We structure the defense with your status in mind and coordinate with immigration counsel where needed.
Charged or under investigation? Talk to a defense attorney tonight.
Free, confidential phone consultation any hour, any day. Payment plans available.