Identity theft is one of the fastest-growing crimes in California, and Los Angeles being a hub for finance, entertainment, and technology, has become a hotbed for these types of offenses. From using someone else’s credit card to applying for loans under a false identity, individuals are often shocked at how quickly a misunderstanding, mistake, or bad judgment call can escalate into serious criminal charges.
California law takes identity theft seriously. Under Penal Code §530.5, it is a crime to willfully obtain and use someone else’s personal identifying information without their consent for any unlawful purpose. And while some cases involve large-scale fraud rings or sophisticated cybercrime tactics, many others begin with far more common and relatable scenarios.
At Perlman & Cohen, our team of Los Angeles criminal defense attorneys knows how identity theft charges develop, how law enforcement investigates them, and how prosecutors build their cases. More importantly, we know how to defend our clients—strategically, compassionately, and effectively.
In California, identity theft occurs when someone uses another person’s name, Social Security number, bank information, credit card number, driver’s license, or any other personal identifying information for an illegal purpose. Unlike other crimes, identity theft doesn’t require physical harm or direct confrontation. It’s about intent and unauthorized use.
The crime can be charged as a misdemeanor or felony, depending on the nature and extent of the offense, the amount of money or value involved, and whether the defendant has a prior criminal record.
Understanding how identity theft charges arise is critical—not only for legal defense, but also for awareness and prevention. Here are some of the most common scenarios we see in Los Angeles courts:
A friend’s credit card is left on the table—or a lost wallet is found—and someone decides to use it “just once” to grab lunch or buy gas. That single act can lead to felony charges, especially if surveillance footage links the user to the purchase.
Many of our clients believed they had permission to use the card or didn’t think their actions would be taken seriously. Unfortunately, banks and credit card companies often press charges regardless of intent.
Falsifying a Social Security number, using another person’s name, or submitting a fraudulent application for unemployment, housing vouchers, or student loans can result in identity theft charges. In many COVID-era benefit fraud cases, applicants unknowingly submitted documents that were flagged by state agencies.
Whether it’s a teenager using a sibling’s ID to buy alcohol or someone trying to avoid traffic tickets, using any form of government-issued ID that isn’t yours—especially during a traffic stop or arrest—can lead to serious criminal charges.
Employees with access to sensitive customer or coworker data may face accusations of identity theft if records are accessed inappropriately or misused. Even when no financial harm has occurred, the act of accessing personal information without a legitimate reason can be enough to trigger an investigation.
Phishing emails, fake websites, and fraudulent text messages that trick victims into providing login credentials, banking information, or personal data can all lead to identity theft charges. Even resending or facilitating these scams can bring legal consequences.
Simply having someone else’s personal information—especially in large quantities—can be a criminal offense if prosecutors believe you intended to use it illegally. Many cases begin with routine traffic stops where police find notebooks, flash drives, or files with dozens of names, Social Security numbers, or account logins.
In some cases, sharing access to streaming services, subscriptions, or online platforms using someone else’s login—especially if done at scale—can lead to civil or criminal complaints. While this is often resolved outside of court, some companies do pursue charges.
Prosecutors build identity theft cases using a combination of digital, physical, and testimonial evidence. This may include:
Because so much of this evidence is technical, errors and assumptions are common—especially when data is taken out of context. That’s why having a skilled legal team with the ability to analyze, challenge, and contextualize evidence is essential.
Many people charged with identity theft are first-time offenders. They didn’t realize the consequences of their actions, or they assumed restitution would prevent legal trouble. But identity theft is often treated as a “wobbler” offense, meaning prosecutors can charge it as a misdemeanor or a felony depending on the circumstances.
Aggravating factors that can increase the severity of the charges include:
A felony conviction can lead to:
At Perlman & Cohen, we know identity theft charges can be life-altering. Our mission is to provide top-tier criminal defense with the empathy, discretion, and strategic precision our clients deserve.
Here’s how we help:
We begin every case with a full review of the evidence—surveillance, digital logs, search warrants, and witness statements. We look for constitutional violations, flaws in how data was collected, and inconsistencies that can weaken the prosecution’s case.
Each case is different. In some situations, we fight for complete dismissal; in others, we negotiate reduced charges or alternatives to incarceration. Our strategies are personalized to your goals and your life.
Many identity theft cases hinge on digital evidence—metadata, file timestamps, IP logs, etc. We work with experts in data forensics to find errors, oversights, or misattributions that can lead to suppressed evidence or dropped charges.
We know how sensitive these cases are, especially for professionals, students, and business owners. We handle cases discreetly and work to minimize public exposure wherever possible.
If you are not a U.S. citizen, an identity theft conviction can lead to deportation or denial of naturalization. We structure your defense to protect your immigration status and coordinate with immigration counsel when needed.
If you've already been convicted of identity theft, we can assist with expungements, record sealing, and petitions for early termination of probation to help you move forward.
Whether you're facing allegations of using someone’s credit card or being tied to a larger fraud investigation, the consequences of an identity theft charge in Los Angeles are serious—but with the right legal team, you are not powerless.
Perlman & Cohen has a proven track record of defending good people accused of serious crimes. We combine experience, strategy, and compassion to fight for your rights, your reputation, and your future.
Call us today for a confidential consultation. Your future is worth protecting. Let us stand with you.
