San Diego Identity Theft Lawyer

“Identity theft” is a relatively broad term that can apply to many types of offenses. The term applies to any situation in which one party obtains the identifying information of another party without the other party’s consent. If they use this information in any way for personal gain, these actions are likely to increase their penalties if convicted. The three most commonly perpetrated forms of identity theft in the United States are:

• Financial identity theft. This type of identity theft involves the unlawful use of another person’s identifying information to take control of their financial accounts. For example, stealing another person’s Social Security number, email access credentials, and banking account login information could allow almost complete access over the victim’s banking information. Protecting your Social Security number is one of the best methods of preventing yourself from becoming a victim of financial identity theft. You should also refrain from sharing your bank account information with anyone other than your spouse and immediate family members. However, identity theft among family members is quite common.
  
  
• Medical identity theft. This form of identity theft typically pertains to one party using another person’s identity to obtain medical treatment, such as securing prescriptions for medications intended for the victim of the identity theft. Therefore, it’s vital to pay close attention to your medical insurance statements, explanation of benefits forms, and other documentation related to your health care. If you notice anything out of the ordinary, you should contact your health insurance provider and your care teams immediately to notify them of the issue.
  
  
• Online identity theft. This term is quite broad and generally applies to impersonating others on publicly viewable websites, such as social media platforms. Online identity theft can also apply to perpetrators unlawfully accessing others’ online shopping accounts and completing purchases using saved payment information.

Any of these offenses can entail severe penalties. Typically, an individual convicted of identity theft will be responsible for repaying the victim for the total value of funds and assets misappropriated plus penalty assessments, fines, and jail time. Therefore, if you are arrested and charged with committing any type of identity theft, it is vital to know your rights and the value of reliable defense counsel as your case unfolds.

If you are accused of any criminal activity involving identity theft, it is crucial to obtain reliable defense representation as soon as possible. The faster you secure defense counsel, the better your chances of forming a credible defense and avoiding conviction. There really is no good reason to wait to secure an attorney after you are arrested for identity theft charges. A good San Diego identity theft attorney can help their client form several potential defenses:

• It’s possible to have your charges dropped if you can prove that you did not obtain or use someone else’s personal information. In any criminal case, the burden of proof beyond a reasonable doubt rests on the prosecution. If they do not have sufficient evidence to close their case, the judge will likely drop the charges.
• It is also possible to avoid conviction by proving that you did not have any illegal intention for obtaining or using another person’s identifying information.
• False accusations can also lead to dropped charges. For example, if the alleged victim falsely accused you of stealing their identifying information and your attorney helps you prove otherwise, you will likely have your charges dropped.
• A good attorney will challenge the validity of the prosecution’s evidence through every phase of litigation. Finally, it’s up to the prosecution to prove the defendant’s guilt beyond a reasonable doubt, and if they cannot accomplish this, it is likely the defendant can avoid conviction.

The attorneys at Zentz & Zentz will work closely with you to help you determine the best approach to defending yourself against identity theft charges.

If you commit any action for personal gain that requires using another person’s identifying information without their consent, such actions qualify as identity theft. A few of the most commonly reported forms of identity theft that can occur in California and throughout the United States include:

• Using stolen bank account information, such as PINs and bank account passwords.
• Using stolen credit cards. Unfortunately, many retail establishments do not verify cardholder ID when accepting credit card payments from customers.
• Committing mail fraud, which includes any fraudulent activity conducted through the postal service. This can include stealing personal documents from another person’s mailbox or intercepting packages.
• Stealing another person’s Social Security number for personal use.
• Using another person’s Social Security number for any reason.
• Money laundering schemes.
• Fraudulently posing as another person to commit any type of medical fraud, such as obtaining prescriptions intended for someone else.
• Forging another person’s signature on any kind of official documents. For example, signing up for credit cards using another person’s information.

Any of these actions can lead to significant criminal penalties, and the extent of the activity typically informs the defendant’s sentencing. If the defendant committed any other criminal offenses in their identity theft, it is very likely they will face penalties that exceed federal minimum sentencing standards.