San Diego Identity Theft Defense Attorney

Identity theft is defined as taking another person's personal identifying information to use unlawfully or fraudulently. The personal information can range from tax ID, credit card details, and bank information to date of birth, and even death certificate information.

California charges identity theft under Penal Code 530.5, which makes it a crime to willfully obtain someone's personal identifying information and use it for any unlawful purpose without their consent. Prosecutors can file a separate count for each alleged victim and each alleged use, which means a single accusation can grow into a long complaint very quickly.

If you're accused of an offense involving federal government property or interstate fraud, you may end up facing criminal charges filed in federal court. And depending on the severity of the allegations, you can face years in custody or hefty fines.

Here, the burden of proof lies upon the prosecution. That means the prosecutor must prove every element beyond a reasonable doubt. For example, whether:

• You used personal identity information unlawfully
• You did not have the permission of the person whose information you're accused of using
• You obtained the personal information of someone else willfully

Identity Theft Penalties: State vs. Federal

Furthermore, identity theft in San Diego is considered a wobbler offense. So, the prosecution has the right to charge the offense as a misdemeanor or a felony. Determining between the two depends upon your criminal history or the extent of loss the victim has suffered.

The penalty for a misdemeanor identity theft can lead to spending a maximum of one year in county jail with a fine of up to $1,000.

For a felony identity theft, you can face up to three years in county jail and a maximum $10,000 fine.

However, the penalty for federal identity theft is quite harsh. A conviction under 18 U.S.C. § 1028 can carry up to 15 years in federal prison — and up to 30 years when the conduct is tied to certain other offenses. Worse, "aggravated identity theft" under 18 U.S.C. § 1028A adds a mandatory two-year sentence that must run consecutive to any other punishment.

All of these factors can be challenging to get through on your own, especially since the police, law enforcement, and jury are rarely sympathetic to your case. That's why hiring a San Diego identity theft lawyer is your best chance to avoid a conviction.

Charges That Often Ride Along With PC 530.5

Identity theft rarely arrives alone. The same alleged conduct is frequently also charged as forgery under PC 470, access-card fraud under PC 484e through 484j, grand theft under PC 487, or false personation under PC 529. Prosecutors stack these counts to raise pressure — but stacked charges also multiply the elements they must prove, and a weakness in one count often infects the others.

San Diego also has a dedicated regional task force — the Computer and Technology Crime High-Tech Response Team (CATCH) — that investigates identity theft and technology-based fraud across the county. If CATCH or the District Attorney's economic-crimes prosecutors are involved, you should assume investigators were collecting bank records, account data, and device evidence for months before you heard anything about the case. That is precisely why your defense should start the moment you learn you are under investigation.

Don't Let Identity Theft Ruin Your Life: Get Legal Help

At The Law Office of Marc S. Kohnen, we view each aspect with an in-depth view. We build our defensive strategies to ensure the prosecution proves each element before proceeding with a conviction. Even if a single element remains unproven, it can cause the court to reduce the charges, and in some cases, dismiss them altogether.

The elements that require proof include everything from consent by the owner to use their personal information to proving that you did not use the identity for a fraudulent purpose. We also base our defense upon the fact that you lacked criminal intent.

Digital evidence deserves the same scrutiny. Shared computers, saved passwords, family members using one account, and spoofed addresses all blur the question of who actually did what. And under Riley v. California, police need a warrant to search your phone — if investigators overreached in gathering their evidence, Marc moves to suppress what they found.

Given how the prosecution works, Marc is ready to become your voice in court. We believe in the policy "innocent until proven guilty," and we press for dismissal or, at the very least, a meaningful reduction of the charges.

Restitution, Civil Compromise and Real-World Outcomes

Many identity theft cases are, at bottom, about money — and that creates leverage. Repayment plans, restitution offers, and in some misdemeanor cases a civil compromise can persuade prosecutors or the court to resolve a case without a criminal conviction or jail. Marc has used every one of these tools in San Diego theft and fraud cases over his career.

The results speak to the approach. In one San Diego case charging grand theft of more than $230,000 alongside identity theft and forgery counts, Marc negotiated a settlement for a plea reduceable to a misdemeanor with no jail time. In another matter pairing identity theft allegations with a $46,000 grand theft, the client served no jail and completed community service instead. No result is ever guaranteed — every case turns on its own facts — but preparation and negotiation change what ends up on the table.

What Happens After an Identity Theft Arrest in San Diego

Most cases are filed at the Central Courthouse in downtown San Diego, though the branch courts in Vista, El Cajon, and Chula Vista handle offenses arising in their districts. At arraignment, Marc addresses release conditions; for misdemeanors, Penal Code 977 usually allows him to appear on your behalf, so your job and family life aren't disrupted by repeated court dates.

Felony cases add readiness conferences and a preliminary hearing — each one an opportunity to challenge the paper trail, negotiate counts down, or position the case for dismissal. Because these prosecutions are built on documents and devices rather than eyewitnesses, early defense work on the records often pays off more than in any other kind of case.

If you're facing identity theft charges and fear conviction, there's no time to waste. You can still avoid a permanent criminal record with an experienced identity theft defense lawyer in San Diego at your side.

Call us at The Law Office of Marc S. Kohnen today to make an appointment.