Arrested for Identity Theft?

Identity TheftSan Diego Identity Theft Attorneys

We are San Diego Identity Theft Defense Attorneys.  Our attorneys work to Dismiss Identity Theft ChargesAcquit Identity Theft Charges, and Reduce Penalties for Identity Theft Charges in all criminal courts in the County of San Diego.  If you have been charged with the Crime of Identity Theft or False Impersonation, we can help.

What is Identity Theft?

Identity Theft is the fraudulent use of another’s Personally Identifying Information.  It is defined as,

Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Secction530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense…

Types of Identity Theft

There are many types of Identity Theft.  Some of the more common types or are the following.

  • Penal Code 530 – Using Personal Identifying Info of another to obtain credit, goods, services, or medical information
  • Penal Code 530.5(a) – Using Personal Identifying Info of another with Intent to Defraud
  • Penal Code 530.5(c)(2) – Acquisition or Retention of Personal Identifying Information with Intent to Defraud
  • Penal Code 530.5(c)(3) – Acquisition or Retention of Personal Identifying Information of 10 or more persons with Intent to Defraud
  • Penal Code 530.5(d)(1) – Sale, Transfer, or Conveyance or Personal Identifying information of another with Intent to Defraud
  • Penal Code 530.5(d)(2) – Sale, Transfer, or Conveyance or Personal Identifying information of another with Knowledge that Such Information will be used for to Defraud
  • Penal Code 529 – Impersonation for Fraud
  • Penal Code 528 – Marriage by Impersonation

No matter which Identity Theft or False Impersonation Charge you are facing, we can help you get through it.  There may be legal ways to reduce or avoid the consequences of an Identity Theft Charge.  Call today to speak with one of our skilled criminal defense lawyers.

What Must the Government Show?

To convict someone of Identity Theft the government must show…

  1. The defendant willfully obtained someone else’s personal identifying information,
  2. The defendant willfully used that information for an unlawful purpose,
  3. The defendant used the information without the consent of the person whose identifying information he or she was using.

In element two, the term “unlawful purpose” includes attempting to obtain credit, goods, services, real property, or medical information in the name of the other person without the consent of that person.  “Unlawful Purpose” has a wide legal definition.  One court has held that use of another’s information for the purpose of facilitating the violation of restraining order constitutes an unlawful purpose.  (People v. Tillotson (2007) 157 Cal.App.4th 517, 533)

It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s actions.

Penalties for Identity Theft

Identity Theft carries severe penalties if convicted.  These include

  • State Prison
  • County Jail
  • Formal Probation
  • High Fines and Court Fees
  • Theft Classes
  • Stay Away Orders
  • Victim Restitution Liability
  • A Permanent Felony Record for a Crime Involving Moral Turpitude

Defenses To Identity Theft

There are many defense which, if pursued by an experienced criminal defense attorney, could result in a dismissal or acquittal of an Identity Theft Charge.  We employ every defense possible to help achieve a Dismissal, Acquittal or Reduction of Identity Theft.  These defenses include

  • The Government cannot prove all the elements of the crime.
  • Defendant did not have the requisite specific intent to defraud.
  • Defendant used the information for a Lawful Purpose.
  • Defendant’s act was not Willful.
  • The Defendant had consent to use the Information.
  • The information obtained does not constitute Personal Identifying Information
  • The Victim and Defendant enter into a Civil Compromise.
  • The Act was performed Under Duress or Necessity

What We Can Do?

We are experienced and skilled Criminal and Identity Theft Defense Attorneys.  We diligently and confidently represent those charged with Identity Theft in Court.  We can conduct an independent investigation, gather the facts, obtain and review the government’s evidence, and argue for dismissal, acquittal or reduction of charges to lesser offenses.

Our Attorney Advantage

A Identity Theft Charge can have serious consequences.  Hiring the right attorney may be the difference between a conviction and a dismissal.  Take back the Upper Hand.  Our defense attorneys are the best in the business:

  • A Skilled and Experienced Defense Team – We are the right team to defend a criminal charge.  We have successfully handled thousands of criminal cases and have satisfied clients all over California.  We know the law, procedure and practicalities of criminal litigation that can give you the upper hand in court.
  • Well Known and Respected – We appear in the courts of San Diego every day of the week.  We are known by judges, prosecutors and our colleagues.  Our attorneys have a reputation for competent and effective representation in the area of criminal law.  We strive to achieve excellence on every case and have established a reputation for getting great results.
  • State of The Art Legal Practice – We are a 100% Paperless law firm.  All of our clients are given 24/7 access to everything in their case file.  Attorney notes, evidence, witness statements and motions are all scanned and stored digitally in an easy to navigate cloud based system.  Its encrypted to standards of the department of defense.  Rest assured that your file is safe, sound and available to you whenever you need it.

Learn More…

If you have been charged with Identity Theft, we offer a 100% free Consultation by calling 619-649-2424 or emailing us at attorneys@hullingerfirm.com.  Talk to one of our experienced criminal defense attorneys today and take back the upper hand.

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Scott Hullinger, Esq.

Scott Hullinger, Esq.

Criminal and Civil Attorney

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