Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Identity Theft

Identity theft charges place an accused person in the position of having to explain how and why they came into possession of someone else’s identifying information, often under circumstances involving bank accounts, digital records, or workplace access. In San Diego, prosecutors regularly pursue these cases even when the alleged conduct involved attempted transactions, shared information, or situations where no money was ultimately lost. For the defendant, the consequences can be immediate and lasting, including jail exposure, restitution orders, damaged credit history, and serious harm to employment or professional standing.

San Diego Identity Theft Lawyer — California Penal Code § 530.5(a)

Defending an identity theft case requires more than general criminal knowledge; it demands a precise understanding of how California law defines unlawful use, intent to defraud, and lack of consent, and how those elements are proven in local courts. The Law Offices of Michael E. Cindrich, APC applies that focus to identity theft defense, drawing on years of courtroom experience on both sides of the system, including Michael E. Cindrich’s time as a prosecutor. This article explains how identity theft cases unfold in San Diego, the laws and penalties involved, the defenses that may apply, and how an experienced San Diego identity theft lawyer protects clients at every stage.

The Law Offices of Michael E. Cindrich serve clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and the city of San Diego.

For a free, confidential consultation, call (619) 262-2500.

Overview of Identity Theft in San Diego

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California Identity Theft Laws and Related Charges in San Diego

Identity Theft by Unauthorized Use of Personal Identifying Information — California Penal Code § 530.5(a) is the primary identity theft statute and the charge most commonly filed in San Diego cases. A violation occurs when a person willfully obtains another person’s personal identifying information and willfully uses that information for an unlawful purpose without the other person’s consent.

Personal identifying information is defined by statute and includes items such as names, Social Security numbers, financial account numbers, passwords, government identification numbers, and similar data. The unlawful purpose element is broad and includes obtaining or attempting to obtain credit, goods, services, real property, or medical information, but it is not limited to those examples. The prosecution does not need to prove the victim actually suffered a financial loss; the focus is on intentional obtaining and intentional misuse without permission.

California Penal Code § 530.5(a) is a wobbler offense. Upon conviction, if the offense is sentenced as a misdemeanor, punishment may include imprisonment in a county jail for not more than one year, a fine not exceeding $1,000, or both. If sentenced as a felony, punishment may include imprisonment in a county jail for 16 months, two years, or three years pursuant to Penal Code § 1170(h), a fine not exceeding $10,000, or both.

Fraudulent Possession of Personal Identifying Information — California Penal Code § 530.5(c) addresses situations where a person acquires or keeps another person’s personal identifying information with the intent to defraud, even if the information has not yet been used. The focus of this offense is the intent to deceive in order to cause a loss or damage to a legal, financial, or property right. The statute increases potential punishment when the information involves ten or more victims or when the accused has a prior identity theft conviction. A conviction under this section carries potential penalties of a fine, county jail for up to one year, or both, and in certain circumstances imprisonment under California Penal Code § 1170(h).

Selling or Transferring Personal Identifying Information With Intent to Defraud — California Penal Code § 530.5(d)(1) applies when a person sells, transfers, or conveys another individual’s personal identifying information with the intent to defraud. The law targets the act of distribution combined with fraudulent intent, regardless of whether the recipient successfully commits identity theft. The penalties listed for this offense include a fine, county jail for up to one year, or both, or imprisonment pursuant to California Penal Code § 1170(h).

Knowing Transfer of Identifying Information to Facilitate Identity Theft — California Penal Code § 530.5(d)(2) covers situations where a person transfers personal identifying information while knowing it will be used to commit identity theft. This statute focuses on deliberate facilitation, such as providing a specific victim’s information so it can be used to obtain credit, goods, services, real property, or medical information without consent. A conviction may result in a fine, imprisonment under California Penal Code § 1170(h), or both.

False Personation as a Related Identity Theft Offense — California Penal Code § 529 addresses false personation, which can arise alongside identity theft allegations. This offense involves falsely impersonating another person and, while acting in that assumed role, performing certain acts that could expose the impersonated person to legal or financial liability or provide a benefit to someone. The statute authorizes punishment by a fine of up to $10,000, county jail for up to one year, imprisonment under California Penal Code § 1170(h), or a combination of these penalties.

Forgery Charges That May Accompany Identity Theft — California Penal Code § 470 is often charged when identity theft allegations involve signing another person’s name or creating or using forged documents with intent to defraud. Conviction for forgery can result in county jail for up to one year or imprisonment pursuant to California Penal Code § 1170(h).

Grand Theft Exposure Based on Loss Amounts — California Penal Code § 487 may be charged when identity theft conduct results in losses exceeding $950, including situations where losses are aggregated. Grand theft penalties depend on whether the offense is charged as a misdemeanor or a felony, with misdemeanor grand theft punishable by up to one year in county jail, a fine of up to $1,000, and possible restitution, and felony grand theft punishable by imprisonment for 16 months, two years, or three years and fines of up to $10,000.

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What a Jury Focuses on in a San Diego Identity Theft Case

Willful Conduct and Intentional Use — In San Diego identity theft trials, jurors are instructed using California Criminal Jury Instructions (CALCRIM), including CALCRIM No. 2040 for unauthorized use of personal identifying information. A key issue is whether the defendant acted willfully, meaning on purpose and not by accident. Jurors consider whether the identifying information was intentionally obtained and intentionally used, based on the surrounding circumstances and conduct.

Personal Identifying Information of Another Person — Under CALCRIM guidance and California Penal Code § 530.55, jurors must decide whether the information qualifies as personal identifying information and whether it belonged to another person or legal entity. This issue often arises in San Diego cases involving shared accounts, family members, employers, or business relationships where ownership or authorization is disputed.

Unlawful Purpose and Lack of Consent — CALCRIM No. 2040 instructs jurors that the information must have been used for an unlawful purpose and without the owner’s consent. Jurors evaluate whether the conduct involved obtaining or attempting to obtain credit, goods, services, property, or another unlawful benefit, and whether permission existed at the time of use.

Intent to Defraud or Knowing Facilitation — In cases involving possession or transfer of identifying information, jurors rely on CALCRIM Nos. 2041, 2042, and 2043. These instructions focus on intent to defraud or actual knowledge that the information would be used unlawfully. Jurors may consider circumstantial evidence such as how the information was stored, transferred, or sold.

No Requirement of Actual Loss — CALCRIM instructions make clear that identity theft does not require proof of actual financial loss. In San Diego cases, jurors are told the offense can be complete even if the attempted misuse of identifying information was unsuccessful.

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Defenses to Identity Theft Charges in San Diego

Lack of Intent to Commit Identity Theft — A common defense in San Diego identity theft cases is the absence of fraudulent or unlawful intent. The defense may show that the identifying information was obtained or used for a legitimate purpose, through mistake, misunderstanding, or ordinary personal or business conduct. When the evidence reflects confusion, clerical error, or non-deceptive use, identity theft allegations may be unsupported.

Consent or Authorized Use of Identifying Information — Identity theft charges may be challenged by demonstrating that the alleged victim consented to the possession or use of their personal identifying information. Authorization may be express or implied through prior conduct. This defense frequently arises in cases involving family members, former romantic partners, employees, or business associates, where access to identifying information was shared or permitted at some point.

Mistaken Identity or Wrong Person Accused — Many identity theft cases rely on circumstantial or digital evidence such as transaction records, surveillance footage, IP addresses, or account activity. A defense may focus on whether the conduct has been accurately attributed to the accused. In San Diego, shared residences, shared devices, public Wi-Fi, and multiple users of the same account can all result in misidentification or incorrect assumptions about who was responsible.

Unknowing or Accidental Possession of Identifying Information — A defense may apply where personal identifying information was possessed unknowingly or without intent to retain it. In cases involving electronic data, this can include automatic downloads, cached files, shared computers, or access by multiple users. Physical documents may also be received inadvertently or stored without awareness of their contents, undermining claims of intentional possession.

Illegal Search and Seizure of Evidence — Identity theft investigations in San Diego often involve searches of cell phones, computers, vehicles, or residences. A defense may challenge whether law enforcement complied with constitutional and statutory limits when obtaining evidence. If a search exceeded the scope of a warrant, lacked proper authorization, or violated privacy protections, key evidence may be excluded, significantly weakening the case.

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Role of a San Diego Identity Theft Attorney

Early Case Evaluation — A San Diego theft crime lawyer reviews police reports, search warrants, and charging decisions to identify weak evidence, consent issues, or missing legal elements specific to local prosecutions.

Immediate Protection of Rights — Counsel steps in quickly to prevent damaging statements, manage law enforcement contact, and engage prosecutors before identity theft allegations expand into additional charges.

Challenging Digital and Financial Evidence — The attorney scrutinizes bank records, electronic data, IP activity, and surveillance, filing motions to suppress unlawfully obtained evidence and disputing assumptions about who actually used the information.

Negotiation or Trial Preparation — When dismissal is not available, the lawyer pursues charge reductions, diversion, or sentencing alternatives, or prepares a targeted trial defense focused on intent, consent, and reasonable doubt before a San Diego jury.

Local Court Insight and Client Support — Experience in San Diego courts allows the attorney to tailor strategy while guiding clients through each stage of the case with clear communication and practical advice.

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Frequently Asked Questions

What is identity theft under California law in San Diego?
In San Diego, identity theft charges arise when prosecutors allege someone willfully obtained and used another’s identifying information unlawfully, even without financial loss, under California Penal Code § 530.5.

Can identity theft be charged as a felony in San Diego?
Yes, identity theft can be charged as a misdemeanor or felony in San Diego, depending on the statute subsection, alleged conduct, prior convictions, and sentencing under Penal Code § 1170(h).

Does identity theft require proof of financial loss in San Diego cases?
No actual loss is required because identity theft focuses on intentional misuse of identifying information; San Diego juries are instructed that attempted or unsuccessful unlawful use can satisfy the elements.

Are other crimes charged with identity theft in San Diego?
Identity theft cases in San Diego often include charges like forgery or grand theft when documents are signed or losses exceed thresholds, increasing potential penalties beyond the identity theft offense.

What does a San Diego identity theft defense lawyer do first?
A San Diego identity theft lawyer evaluates police reports, evidence, consent issues, and intent, then develops defenses aimed at suppressing evidence, reducing charges, or securing dismissals through negotiation or litigation.

How does a criminal defense lawyer challenge evidence in an identity theft case?
A criminal defense lawyer in San Diego may challenge searches of phones or computers, arguing warrants were invalid or broad, which can lead to suppressed evidence and weakened prosecutions.

Why hire a local San Diego identity theft attorney?
Hiring a local San Diego identity theft attorney matters because familiarity with county courts, prosecutors, and judges can influence charging decisions, negotiation strategies, and courtroom presentation throughout the case process.

When should someone contact a San Diego identity theft lawyer?
A San Diego identity theft lawyer should be contacted immediately after arrest or investigation, since early legal involvement can prevent statements, preserve defenses, and sometimes stop charges from being filed.

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Resources

California Penal Code § 530.5 (California State Legislature) — This statute defines identity theft under California law. It explains when obtaining and using another person’s personal identifying information without consent becomes a crime. The section outlines prohibited conduct, mental state requirements, possible penalties, and related provisions such as victim record correction and limits on liability for certain service providers.

California Penal Code § 530.55 (California State Legislature) — This section provides definitions used in California’s identity theft statutes. It explains what qualifies as a “person” and what counts as “personal identifying information.” The list includes financial data, government identifiers, biometric data, and electronic identifiers. It helps clarify what information is protected by identity theft laws.

CALCRIM No. 2040 – Unauthorized Use of Personal Identifying Information — This jury instruction explains the elements of identity theft under California Penal Code section 530.5(a). It outlines what prosecutors must prove, including unlawful use of identifying information without consent. It also defines key terms used at trial and shows how identity theft charges are presented to juries.

Identity Theft (State of California Department of Justice) — This page from the California Department of Justice explains identity theft and how it affects victims. It outlines common types of identity theft, summarizes California law, and provides links to reporting tools and assistance programs. The site helps users understand where and how to report identity theft and access state-level resources.

What Is Identity Theft? (San Diego County District Attorney) — This resource explains identity theft and how personal identifying information is stolen and misused. It describes common methods used by offenders, summarizes relevant California laws, and outlines steps for reporting identity theft. The page also lists local and national resources available to help victims.

Certificate of Identity Theft: Judicial Finding of Factual Innocence (San Diego Superior Court) — This document explains how to obtain a court finding of factual innocence for identity theft victims. It outlines the petition process, fingerprinting requirements, and registration with the California Department of Justice Identity Theft Registry. It is intended for people wrongly linked to criminal cases.

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Hire a Defense Attorney for Identity Theft Charges in San Diego County, CA

An identity theft charge is a serious criminal offense that can carry severe penalties, including jail or prison time, substantial fines, restitution, and a permanent criminal record. Even an allegation can damage your reputation, finances, and future opportunities.

The Law Offices of Michael E. Cindrich provide strategic and discreet legal representation for individuals accused of identity theft and related fraud offenses. We work to protect your rights, analyze digital and financial evidence, challenge the prosecution’s case, and pursue the most favorable outcome possible.

Call (619) 262-2500 today for a free and confidential consultation to discuss your defense options.