LOS ANGELES IDENTITY THEFT ATTORNEY
Identity theft has become a major concern in Los Angeles and other parts of Southern California due to the accessibility of personal information through computers and cell phones. Law enforcement agencies in the region have dedicated units with extensive resources to investigate and prosecute those charged with identity theft. If you are under investigation or have been charged with an identity theft crime in Southern California, it is important to seek the help of an experienced Identity Theft Crimes Defense attorney.
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. Identity theft is a crime that can have serious consequences for the victim, as it can lead to financial losses and damage to their reputation. If you have been a victim of identity theft, it is important to take steps to protect your identity and seek legal help if necessary.
You may also be charged with identity theft 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. Identity theft is a serious crime that can have severe consequences, including financial losses and damage to the victim’s reputation.
LEGAL PENALTIES FOR AN IDENTITY THEFT CONVICTION
In Los Angeles, identity theft can be charged as either a felony or misdemeanor crime, depending on the severity of the alleged offense.
- 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 identity theft crime, Up to one year in a Los Angeles county jail, fines and restitution.
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.
LEGAL DEFENSE AGAINST AN IDENTITY THEFT CASE
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.
If you have been charged with identity theft in Los Angeles, Orange County, San Fernando Valley, Ventura County and Riverside County, it is crucial to seek the assistance of a criminal defense attorney with experience in handling these types of cases. Whether you are facing a felony or misdemeanor charge, an experienced attorney can provide the legal representation you need to protect your rights and advocate for a favorable outcome. Call Cyrus Tabibnia for free consultation.