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Skilled Orange County Identity Theft Lawyer

Accused of Identity Theft (Penal Code 530.5)? Contact Law Office of Michael L. Guisti

Identity theft is considered to be a major problem; subsequently, law enforcement and the District Attorney's office has devoted special units in aggressively tracking down and prosecuting those accused. Defendants in these cases could also face additional theft charges such as grand theft, petty theft, fraud, elder abuse, forgery, and embezzlement, which is why you need an attorney who can reduce or dismiss these white collar crime charges. For this reason, do not hesitate to call Law Office of Michael L. Guisti at (714) 530-9690 if you've been accused of any type of identity theft, including Craigslist or other online scams, using a child's SSD number to get welfare from the government, or using a fake ID to obtain employment.

What is identity theft?

Under Penal Code 530.5, there are four types of identity theft:

  • You willfully obtain another person's identity information and use that information for an unlawful purpose—such as obtaining credit, services, money, or property—without that person's consent.
  • You acquire or retain possession of another person's identity, without the person's consent, with the intent to commit a fraud crime. It does not matter if you used another person's identity for your own gain—only that you obtain somebody's identity and intend to use it to commit fraud.
  • You sell, transfer, or provide the personal identity of another person, without that person's consent, with the intent to commit a fraud crime.
  • You sell, transfer, or provide the personal identity of another person with the actual knowledge that the identity will be used to commit a fraud crime.

Every time you use another person's identity is a separate violation. This means, for example, if you allegedly used another person's credit card 5 times you'll be charged with 5 separate counts.

Call us today to discuss your case in a free case evaluation!

The Charge of Theft

In most identity fraud cases, the District Attorney will try to put on an additional charge of theft. The theft you are charged with depends on the value of the items you obtained. If the value was under $950, you will face petty theft charges; if the value was over $950, you will face grand theft charges.

Your Potential Defense Strategies

If somehow you came into possession of somebody's identity, but never used it and never had any intention of using it for fraud, then you cannot be found guilty of this crime.

If Convicted of Identity Theft…

Identity theft is a "wobbler," which means it can be charged as a misdemeanor or felony. Most of the time what you are charged with depends on your criminal record and what you obtained using somebody else's identity. Again, it is important to remember that identity theft cases are often charged along with other related theft crimes; if convicted of those crimes, you can face additional punishment if convicted, which is why you need a professional attorney who can work to successfully reduce your sentencing.

  • Misdemeanor Identity Theft: You could face up to 1 year in county jail and a $1,000 fine.
  • Felony Identity Theft: You face between 1 to 3 years in state prison and up to a $10,000 fine.

Call Our Orange County Law Firm for a Free Consult!

As we have mentioned, if you are being charged with identity theft, chances are that you are probably going to be charged with one or more theft crimes. This is why you need to call Law Office of Michael L. Guisti, because our Orange County criminal defense lawyers can work to reduce these charges into one charge or get other charges dismissed. We can help get your life back to normal, protect your reputation, and put all this behind you.

Additional Information

Attorney Michael Guisti recently represented Michelle Hadley in a Craigslist catfishing case. Ms. Hadley was charged with numerous serious crimes and was facing a life sentence if convicted. Mr. Guisti was able to clear her of all charges. Please view the links below for additional information on the case.

Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.

(714) 530-9690

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“It was strongly recommended that I call federal defense attorney Michael L. Guisti. He had several investigators look at records and such, and my federal case was dismissed. Michael Guisti does what few attorneys can do, beat the federal government, and that is why if you’re in trouble with the government you need to call Michael Guisti right away!”

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“I had everything to lose, my future, my education. Basically I did something that got me a misdemeanor, and the judge wanted to give a guilty plea. But Michael Guisti would not back down. Instead he fought for me, and now my record is clean.”

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“Back in 2003 I was facing attempted murder. My family hired Michael Guisti to represent me. He is a very good attorney. He always answered my calls, addressed my questions and concerns, and kept me updated about my case. Thank you Michael Guisti for winning my case. I highly recommend anyone facing a criminal charge to see Michael Guisti.”

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Case Results

sex crimes

Case Dropped

Young man charged and arrested for sexual battery.

assault

Case Dropped

Man charged with assault with a deadly weapon for hitting someone in the face with a heavy metal dust pan.

drug crimes

Served Less Than 30 Days in Jail

Young man charged with selling 1000 tabs of ecstasy to undercover officer.

Attempted Murder

Reduced to Assault With Deadly Weapon

Young man knocks the eye out his victim with a metal pipe. Charged with attempted murder and aggravated mayhem. Both cases carried life sentences.

Assault & Battery

Serves 80 Days on Work Furlough

Woman arrested and charged with assault with a deadly weapon using scissors on a co-worker.

Vehicular Assault

Serves 80 Days on Work Furlough

Man charged with three felony counts of vehicular assault with a deadly weapon.