Identity Theft by Darren Kavinoky

Back

Identity Theft
by Darren Kavinoky

Identity Theft

Identity theft is one of the fastest growing crimes in America. Victims come from all walks of life - from everyday people to celebrities. Identity theft involves acquiring key pieces of someone's identifying information, such as name, address, and date of birth, bank account numbers, health insurance identification number, social security number and mother's maiden name, in order to impersonate them. This information enables the identity thief to commit numerous forms of fraud which include, but are not limited to, taking over the victim's financial accounts, opening new bank accounts, purchasing automobiles, applying for loans, credit cards and social security benefits, renting apartments, and establishing services with utility and phone companies.
California Penal Code Section 530.5 defines identity theft, which reads in pertinent part:
“(a) Every person who willfully obtains personal identifying information of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, or medical information in the name of the other person without the consent of that person, is guilty of a public offense.”

California classifies identity theft as either a misdemeanor or a felony. This is called a “wobbler” offense. Misdemeanors are those crimes punishable by up to one year in county jail. Felonies are those crimes which are punishable by a term in state prison. It is up to the prosecutor to charge the defendant, and if convicted, up to the judge to sentence the crime as either a misdemeanor or felony.
Identity theft is punishable as a misdemeanor by up to one year in county jail and/or a fine of up to $1,000. It may also be punished as a felony by imprisonment in the state prison and/or a fine up to $10,000.
Identity theft is also used by criminals, to avoid capture and punishment. The most common methods are:
• The thief is cited or arrested for a crime and uses your name for police records.
• The thief is charged and prosecuted in your name so your name now appears in court records.
• The thief is convicted in your name of a crime.
• Your name is somehow mistakenly associated with a record of a criminal conviction of some other individual.

Author's Biography:

Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a

criminal defense law firm with six offices throughout California. The

attorneys of the firm take pride in their constant continuing legal

education and unparalleled one-on-one client service. Every attorney at

the firm particpates in ten times the amount of education required by

the state bar.

In addition, the attorneys provide each client with a personal cell

phone number, and they make themselves available to clients at all

times. The attorneys of The Kavinoky Law Firm understand that there is

only one case that matters to you: yours! They are dedicated to treating

each client with personal service to ensure satisfaction.

Darren has defended numerous high-profile clients, developed key

relationships with media leaders, and earned public support for clients