With the rise of technology, using just a computer or a cell phone, someone’s identity can be stolen. Recognizing the severity, authorities in Southern California have beefed up their efforts. Many police departments and prosecutor offices now have dedicated teams, armed with vast resources, focused solely on handling identity theft cases. If you’re facing identity theft allegations, you need strong representation. Call Los Angeles identity theft crimes defense attorney Cyrus Tabibnia at 866-713-2159.
Identity theft is the act of stealing someone else’s personal information in order to commit fraud or steal money. This can be done by obtaining documents such as:
- Birth certificate
- Identification card
- Driver’s license
- Social security card
- Medical records
- Insurance information
- Banking information
- Credit card
- Financial mail, or any other information that is relevant to a person’s identity.
In some cases, a fake ID may also be used. It is even possible to steal a person’s identity online. You may also be charged with if you use someone else’s personal information to apply for a line of credit, credit card, or other form of financial assistance without their consent. You may also be charged with identity theft if you steal or otherwise unlawfully obtain someone else’s personal information in order to get a government-issued identification card or other document.
Potential Penalties For Identity Theft Crime
In Los Angeles, identity theft can be charged as either a felony or misdemeanor crime, depending on the severity of the alleged offense. Each instance of such an act carries a punishment of three years in state prison, payment of restitution to the victim, payment of substantial court costs and fines, and the possibility of being placed on parole or probation. Additionally, such an offense may lead to the loss of one’s job.
- If convicted of a felony case, a penalty of up to three years incarceration in a California state prison, fines and restitution.
- If convicted of a misdemeanor case, Up to one year in a Los Angeles county jail, fines and restitution.
Special units dedicated to investigating and prosecuting cases of identity theft are typically found within the police and prosecutor’s offices. These units are well-resourced and can conduct thorough investigations to ensure that those accused of identity theft are prosecuted to the fullest extent of the law. It is important to seek legal representation if you are facing charges for identity theft in order to protect your rights and advocate for a favorable outcome.
Identity theft can be prosecuted at both the state and federal levels. In California, the District Attorney’s office handles cases of identity theft in state court. At the federal level, the United States Attorney’s Office prosecutes identity theft under the Identity Theft and Assumption Deterrence Act of 1998. This act allows for the punishment of individuals with fines and imprisonment in federal prison for up to 25 years.
The legal challenges to an identity theft charge in Los Angeles will vary based on the specific facts and evidence of the case. A prosecutor may try to target each element of an identity theft case in order to increase the potential penalty for the accused. In order to obtain a conviction for identity theft in Los Angeles County, the prosecutor must prove each element of the crime beyond a reasonable doubt. This means that the prosecutor must present sufficient evidence to convince the jury that it is more likely than not that the accused is guilty of the crime.
An identity theft attorney from the Tabibnia law firm in Los Angeles can examine the evidence in your case and potentially prove that you did not use the victim’s personal information for illegal purposes or that you had their consent to use their information.
There are several legal defenses that may be used in an identity theft case, depending on the specific circumstances of the case. Some potential defenses include:
- Lack of intent: If the defendant did not intend to commit identity theft, they may be able to claim that they did not have the required mental state to be guilty of the crime.
- Mistaken identity: If the defendant was not the person who committed the identity theft, they may be able to use this as a defense.
- Lack of knowledge: If the defendant did not know that they were using someone else’s personal information without their permission, they may be able to use this as a defense.
- Duress: If the defendant was under duress, such as being threatened with harm, they may be able to use this as a defense.
- Entrapment: If the defendant was induced or persuaded by law enforcement to commit the crime, they may be able to use entrapment as a defense.
It is important to note that these are just a few examples of potential defenses and each case is unique. It is always advisable to consult with a qualified attorney to determine the best defense strategy in a particular case.
Contact Identity Theft Crime Defense Lawyer At Tabibnia Law Firm
Identity theft is considered a serious crime and can be prosecuted at both the state and federal level. In addition to being prosecuted by the District Attorney in state court, the United States Attorney’s Office can also pursue charges against individuals accused of identity theft as a federal crime. Whether you are charged with a felony or a misdemeanor in the Los Angeles or Southern California area including Los Angeles, Orange County, San Fernando Valley, Ventura County and Riverside County, call Cyrus Tabibnia. Los Angeles theft crime defense attorney can provide the legal representation you need to protect your rights and advocate for a favorable outcome. Call Tabibnia Law Firm for free consultation.
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