Identity Theft | Credit Card Theft
What do prosecutors have to show in order to prove that I am guilty of this crime?
To prove that you are guilty of this crime, the prosecutor must prove that:
- You willfully obtained someone else’s personal identifying information.
- You willfully used that information for an unlawful purpose.
- You used the information without the consent of the person whose identifying information you used.
What defenses can your lawyer use to dismiss or reduce the charges against me?
The Law Offices of Robert Ernenwein, PC., will carefully scrutinize the police reports, witness statements, and other discovery.
Out team will verify whether you actually obtained someone else’s identifying information. If you were entrusted with identifying information and used it in a manner to which the owner consented, you may be innocent of the crime and we can move for a dismissal of your case.
Depending on the facts and circumstances of your case, we may be able to show that you did not use someone else’s identity for an unlawful purpose. If you did not use the alleged victim’s identifying information to obtain credit, goods, services or real property, or medical information in the name of that other person, and you had the alleged victim’s permission to use the information, we may be able to convince the prosecutor that it should dismiss your case (or to convince a jury, if the matter goes to trial).
If the evidence against you is strong, we can explore sentencing alternatives that lean towards rehabilitation and education rather than jail or prison time. In many cases, we can negotiate some type of diversion with the prosecution so that you do not sustain a theft conviction. Instead, we can have you enroll and participate in an education program (e.g., impulse control) so that you earn a dismissal of the charges.
Because California Penal Code §530.5 is a “wobbler” (that is, it can be filed as a misdemeanor or a felony), if your case is filed as a felony, we can convince the prosecutor or motion the court to reduce it to a misdemeanor. If you are convicted of this crime, and receive a probationary or other non-state prison sentence, we can return to court as early as 18 months later, seek to terminate probation early and to have it expunged from your record.
If the victim sustained damage as a result of the identity theft, you may also be able to negotiate a civil compromise with the victim. We can contact the victim on your behalf, and discuss the possibility of reaching an agreement that would result in your charges being dropped in exchange for restitution.
There is a host of issues we can evaluate based on our analysis of the police reports, witness statements and other evidence on file. Based on our findings, we may be able to successfully thwart a criminal prosecution in court, or otherwise weaken the case against you.
The Law Offices of Robert Ernenwein, PC., has expert and experienced Los Angeles criminal defense lawyers with over 60 years of combined experience defending persons accused of identity theft.
Robert Ernenwein is a former Los Angeles Deputy District Attorney and is certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been selected for inclusion in Super Lawyers by Los Angeles Magazine and has appeared as a legal analyst on multiple cable news programs, including Fox News.
The experience and capabilities The Law Offices of Robert Ernenwein, PC., will bring to your identity theft defense are unmatched.
- Violent Crimes
- Criminal Threats
- Elder Abuse
- Second-Degree Murder In California: Different Than Zimmerman?
- Torrance Criminal Lawyers – Involuntary Manslaughter Defenses
- Murder Defenses In California
- Murder | Degrees
- What Can Be Learned About Your Defense
- Tips For Finding The Right Arson Lawyer
- Arson FAQs
- How To Fight Felony Arson Charges
- Child Endangerment
- Child Abuse & Child Endangerment | Resources
- Assault And Battery
- Assault & Battery Explanation
- California Assault And Battery Crimes
- Charged With Assault or Battery in Torrance, CA? What You Should Do if You Are Accused
- Weapons Charges
- Los Angeles Criminal Defense Lawyer: Carrying A Concealed Weapon
- Other California Weapons Charges
- Concealed Weapons
- Theft Related Offenses
- Auto Theft Defenses
- Petty Theft And Shoplifting
- Grand Theft vs Petty Theft
- Identity Theft
- California Identity Theft Law: Penalties And Defenses Available
- Facing Identity Theft Charges?
- White Collar Criminal Defense Attorney
- Identity Theft | Credit Card Theft
- Embezzlement Charges
- Charged With Embezzlement?
- Embezzlement | Burden of Proof
- Sex Crimes
- Drug Offenses
- How To Avoid A Drug Crime Conviction
- Alternative Sentences For Drug Crimes
- Possession Of Drugs For Personal Use
- Possession Of Marijuana Laws
- Possession Of Marijuana For Sale
- Drug Possession For Sale
- Possession Of Methamphetamine For Sale
- Possession Of Heroin For Sale
- Marijuana Possession
- Marijuana Possession For Sale
- Possession Of Cocaine For Sale
- Mental Health Diversion
- Immigration Relief
- Military Diversion
- Veteran’s Court
- Sealing & Destruction Arrest Records
- DUI Defense
- Attacking The Evidence In A DUI Case
- DUI DMV Hearing
- DUI Reductions Overview
- DUI FAQs
- DUI Court Case
- DUI Reduction: Dry Reckless
- DUI Reduction: Wet Reckless
- DUI Reduction: Exhibition Of Speed
- DUI Under 21
- The No Driving Defense
- 10 Common DUI Questions
- Real DUI Success Stories
- Social Media Could Hurt Your Los Angeles DUI Case
- The ‘Rising Blood Alcohol’ Defense
- What Happens When One or More Minor Children are Present in the Car When Arrested for DUI?
- You May Not Have Been Drunk When You Were Arrested For DUI In L.A.
- DUI-Related Reductions
- DUI-Related Enhancements
- Juvenile Defense
- Domestic Violence
- General Felonies And Misdemeanors
- Disturbing The Peace
- Accessory After The Fact
- Driving With A Suspended License
- Caught Driving With A Suspended License?
- Vehicular Manslaughter
- Texting And Driving – Distracted Driving Can Lead To Vehicular Manslaughter
- Vehicular Manslaughter | Resources
- Public Intoxication
- Can I Get My Public Intoxication Charge Dismissed?
- Tagging, Graffiti Can Lead To Stiff Penalties In Los Angeles
- Torrance Vandalism Lawyers Explain The Law & Your Defense
- California Vandalism Graffiti Law Penal Code 594
- Other Practice Areas
- The Criminal Court Process