As San Diego’s premier criminal defense attorney, I’m Marc Kohnen, and I’ve dedicated my career to defending individuals against serious criminal charges—including complex cases of identity theft. Identity theft charges can carry severe penalties, and navigating these accusations requires a strong legal defense. In this article, I’ll explain the common types of identity theft charges in San Diego, the potential penalties, and why having an experienced attorney by your side can make all the difference.
In California, identity theft involves the unauthorized use of someone’s personal information, like their name, Social Security number, credit card details, or other identifying information, typically for financial gain. But these cases aren’t always straightforward. Many innocent people find themselves entangled in identity theft charges due to misunderstandings, technical errors, or even fraudulent accusations.
Identity theft charges are often broken down into several categories, each with its own unique elements and legal consequences. Below, I’ll go over some of the most common identity theft charges in California.
This is perhaps the most commonly recognized form of identity theft. Financial identity theft typically involves using another person’s information to access financial accounts, open credit lines, or make unauthorized purchases. The consequences of a conviction for financial identity theft can be serious, with potential prison time and hefty fines.
Medical identity theft occurs when someone uses another person’s identity to obtain medical care, prescription drugs, or health insurance. Aside from the personal damage to the victim, this can lead to substantial penalties and jail time for the accused if convicted.
In this form of identity theft, a person’s identity is used during an arrest or investigation, making it look as though they were involved in a crime they had no part in. Victims of criminal identity theft often face lasting repercussions, like having a criminal record they didn’t earn, which is why these cases must be handled with extreme care.
This form of identity theft happens when someone uses another person’s identity or Social Security number to obtain employment. Many individuals find themselves accused of employment identity theft in situations where there was no intent to defraud, making it a charge that requires careful legal analysis to defend against.
California’s identity theft laws allow prosecutors to charge these cases as misdemeanors or felonies, depending on the circumstances. If you’re facing identity theft charges, understanding the possible penalties is critical.
Identity theft is a “wobbler” offense in California, which means that the charge can be classified as a misdemeanor or felony. Factors like the defendant’s criminal history, the extent of harm caused to the victim, and the amount of money involved often determine how the prosecutor chooses to file the case.
If charged as a misdemeanor, identity theft can result in:
When charged as a felony, the penalties are more severe and can include:
Beyond jail time and fines, a conviction for identity theft can have lasting effects. Individuals convicted of identity theft often face challenges finding employment, securing housing, and obtaining loans. In some cases, a felony conviction can also impact one’s ability to vote or own firearms in California.
Facing identity theft charges can be overwhelming, but a skilled defense attorney can make a powerful difference in the outcome of your case. With my years of experience in defending identity theft cases, I know that each case is unique and requires a personalized approach. Here’s how I work to defend my clients against these serious charges.
Identity theft cases rely heavily on digital and physical evidence, including computer records, bank statements, and witness testimonies. One of the first steps I take as your defense attorney is to scrutinize every piece of evidence against you. By challenging unreliable or improperly obtained evidence, I may be able to weaken the prosecution’s case and even get certain charges dropped.
Many identity theft charges hinge on proving intent to defraud. In California, proving identity theft requires showing that the accused intentionally used someone else’s personal information without permission and for personal gain. If I can demonstrate that there was no intent, such as a misunderstanding or a clerical error, I can make a strong argument for a dismissal or reduction of the charges.
Identity theft charges can sometimes result from mistaken identity or a false accusation. It’s not uncommon for individuals to be wrongfully accused or mistaken for someone else due to errors in record-keeping or even intentional deceit by the actual offender. I work closely with my clients to uncover evidence that supports their innocence, and if there is reasonable doubt, it can lead to an acquittal.
In some cases, the best approach is to negotiate with prosecutors for lesser charges or alternative sentencing options. For example, if the evidence against you is strong, I may be able to negotiate a plea deal that reduces a felony charge to a misdemeanor or avoids jail time. These negotiations require careful handling, and my experience in San Diego courtrooms gives me the insight needed to secure the best possible outcome.
Identity theft cases are notoriously complex, often involving multiple legal issues and specialized knowledge of California’s identity theft laws. With my background and experience in high-profile cases, I have the insight and dedication necessary to protect your rights.
Since opening my San Diego law office in 2008, I’ve defended clients in a wide range of criminal cases, from minor charges to serious felonies, including identity theft. I know the local courts, prosecutors, and judges, which helps me anticipate how to approach your case. Each courtroom operates a little differently, and I use my experience to navigate these differences and fight effectively on your behalf.
I’ve successfully defended clients in San Diego and throughout California, achieving numerous “Not Guilty” verdicts for charges ranging from DUI to serious felonies. My success is built on a commitment to protecting my clients’ futures and a relentless drive to ensure justice. With national media recognition and an established track record, I bring a unique level of expertise and commitment to each case.
Facing identity theft charges can be emotionally and financially draining, and I make it my mission to guide you through the entire process. From the moment you contact my office, you’ll have my full attention and dedication. I believe in keeping my clients informed and involved every step of the way.
If you’re facing identity theft charges in San Diego, don’t take on the criminal justice system alone. A conviction can have lasting consequences, and you deserve a strong defense. Let my team and I help you protect your future.
Call us now to schedule a consultation with a criminal defense attorney in San Diego. We’re available 24/7 to provide the legal support you need.
(619) 398-2500 or Contact us online.