The Digital Side of Identity Theft: Cybercrime Charges in a Connected World

Last Modified: June 27, 2025

In today’s hyper-connected society, our digital lives are deeply entwined with everything from banking and business to social interactions and medical records. While this convenience has transformed how we live and work, it has also opened the door to a new and rapidly growing class of crime: digital identity theft.

Modern identity theft is no longer just about stealing someone’s wallet or mail—it now involves hacking into databases, phishing schemes, stealing social media credentials, or buying stolen identities off the dark web. And in Los Angeles, where innovation and tech are central to daily life, law enforcement and federal agencies are cracking down harder than ever on cyber-enabled identity crimes.

If you are under investigation or have been charged with cyber-based identity theft, the stakes are extremely high. Prosecutors are aggressive, and the penalties can be severe. At Perlman & Cohen, we have the technological insight, legal expertise, and courtroom experience to defend against these complex accusations. We understand both the technical and legal aspects of cybercrime and how to build a strong defense in a digital world.

What Is Digital Identity Theft?

Digital identity theft refers to unlawfully acquiring, using, or trafficking in another person’s personal information through electronic means—typically for financial gain. It may involve a single stolen credit card number or a large-scale data breach affecting thousands of victims.

In California, identity theft is primarily prosecuted under Penal Code §530.5, which makes it a crime to willfully obtain and use someone else’s personal identifying information for an unlawful purpose. However, when computers, networks, or the internet are used to commit the offense, additional cybercrime statutes may apply, including federal charges.

Common digital identity theft crimes include:

  • Phishing scams that trick users into revealing login credentials or credit card numbers
  • Hacking into personal or corporate databases
  • Installing malware or keyloggers to gather sensitive data
  • Buying or selling stolen identities on the dark web
  • Sim-swapping attacks that hijack someone's phone number to access bank or crypto accounts
  • Fake websites or e-commerce scams to collect user data

Who Investigates Digital Identity Theft?

Because digital identity theft often crosses state lines, involves multiple victims, and may include international actors, both state and federal agencies get involved. Investigations are typically conducted by:

  • FBI Cybercrime Task Force
  • U.S. Secret Service
  • Department of Homeland Security (HSI)
  • U.S. Postal Inspection Service
  • California Attorney General’s Cybercrime Division
  • Local LAPD or county investigators

Potential Penalties for Cyber Identity Theft

Depending on the specific charges and scope of the crime, penalties can be harsh:

Under California Law:

  • Misdemeanor Identity Theft: Up to 1 year in county jail and fines up to $1,000
  • Felony Identity Theft: 16 months, 2, or 3 years in state prison and higher fines
  • Restitution to all known victims
  • Probation or parole conditions, including internet restrictions

Judges also consider aggravating factors such as the number of victims, the amount of financial loss, and whether the crime targeted vulnerable individuals like seniors.

Defending Against Cyber Identity Theft Charges

At Perlman & Cohen, we believe no one should be convicted without a full and fair investigation—and that includes digging into the complex digital footprint behind every charge. Our firm uses a combination of legal insight and digital forensic strategy to create the strongest possible defense.

Here are common defense strategies we may use:

1. Lack of Intent

Many cybercrime statutes require that the defendant knowingly and willfully committed the act. If you didn’t intend to commit a crime—or were unaware your actions were illegal—we may challenge the charge on that basis.

2. Insufficient Evidence

Digital evidence is complex, and it must be authenticated and properly preserved. If law enforcement failed to follow proper protocols or their evidence is incomplete or corrupted, we may be able to suppress it or challenge its validity in court.

3. Mistaken Identity or Hacked Devices

Hackers often use proxies, VPNs, or hijacked IP addresses to mask their identity. If your device or IP was used by someone else, we can work with digital forensic experts to uncover that truth.

4. Illegal Search and Seizure

Digital searches—of phones, laptops, cloud accounts—must follow specific rules. If law enforcement failed to get a proper warrant or exceeded the scope of a legal search, the resulting evidence can be thrown out.

5. Entrapment

In sting operations, if law enforcement induced someone to commit a crime they wouldn’t have otherwise committed, we may assert an entrapment defense.

How Perlman & Cohen Can Help

Successfully defending a cyber identity theft case requires much more than legal theory. It requires real technical knowledge, familiarity with evolving laws, and the ability to challenge digital evidence in a courtroom. That’s where we come in.

🔹 1. Digital Forensic Analysis

We collaborate with experienced cybersecurity experts to trace IP addresses, analyze metadata, uncover tampering, and identify digital artifacts that may support your innocence or cast doubt on the prosecution’s case.

🔹 2. Pre-Charge Intervention

Many identity theft cases start with an investigation before any formal charges are filed. If you suspect you're being investigated, we step in immediately—contacting investigators, preserving evidence, and working behind the scenes to prevent charges or reduce their severity.

🔹 3. Tailored Legal Strategy

Every case is different. Whether you're facing charges for one compromised identity or thousands, we craft a strategy that fits the scope, tech details, and your personal background. If you’re a first-time offender, we push for alternative sentencing or diversion programs.

🔹 4. Mitigating Damages

Even in cases where some wrongdoing occurred, we fight to minimize the fallout. That may mean reducing felonies to misdemeanors, avoiding jail time through probation, or negotiating restitution in exchange for dropped or lesser charges.

🔹 5. Reputation Protection

White collar and cybercrime charges can devastate your career. We manage press inquiries, advise on professional disclosures, and help preserve your personal and professional brand throughout the legal process.

What to Do If You’re Facing Digital Identity Theft Charges

  • Do NOT speak to law enforcement or investigators without an attorney present.
  • Preserve all evidence: Save emails, device logs, and any communication that might support your innocence.
  • Avoid deleting data: This can be interpreted as destruction of evidence.
  • Contact Perlman & Cohen immediately: Early intervention is critical to building your defense and protecting your rights.

Contact Perlman & Cohen Today

Digital identity theft charges are serious, but you are not powerless. Whether you're facing a state-level phishing charge or a federal cybercrime indictment, Perlman & Cohen has the tools, team, and tenacity to fight for your future.

Our firm blends legal strategy with technical skill to give you the strongest possible defense in today’s connected world. We take on the government’s most complex allegations and ensure your side is heard—and your rights are protected.

Call us today for a confidential consultation. Let us stand between you and the full weight of the criminal justice system. Your freedom and reputation are too valuable to leave to chance.

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