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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 38603
Experience:  I provide general practice and mediation & arbitration services to my clients.
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how much time do first time offenders get for identity theft

Customer Question

how much time do first time offenders get for identity theft when the amout of loss is open
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 4 years ago.
Do you know under what specific statutes the offender was charged under?
Customer: replied 4 years ago.
what do you mean specific statues
Expert:  Dimitry Esquire replied 4 years ago.
A statute is the criminal code under which your friend was charged. I believe I found the correct code for him--do you know how many counts (how many offenses) he was charged with? How many people did he steal identity from?
Customer: replied 4 years ago.
i know they found a booklet of information
Expert:  Dimitry Esquire replied 4 years ago.
That sounds like a fair deal. Typically the statute allows for up to 1 year of jail per each count of identity theft. If he is getting the option of only seving two years, and he had a large volume of counts against him, it is a very valid option. Here is the statute that he is most likely being charged under:

Penal Code

530.5. (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b), 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, and upon conviction therefor, shall be punished either by imprisonment in a county jail not to exceed one year, a fine not to exceed one thousand dollars ($1,000), or both that imprisonment and fine, or by imprisonment in the state prison, a fine not to exceed ten thousand dollars ($10,000), or both that imprisonment and fine.

(b) “Personal identifying information,” as used in this section, means the name, address, telephone number, health insurance identification number, taxpayer identification number, school identification number, state or federal driver'’s license number, or identification number, social security number, place of employment, employee identification number, mother’'s maiden name, demand deposit account number, savings account number, checking account number, PIN (personal identification number) or password, alien registration number, government passport number, date of birth, unique biometric data including fingerprint, facial scan identifiers, voiceprint, retina or iris image, or other unique physical representation, unique electronic data including identification number, address, or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, or credit card number of a person, or an equivalent form of identification.

(c) In any case in which a person willfully obtains personal identifying information of another person, uses that information to commit a crime in addition to a violation of subdivision (a), and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.

(d) Every person who, with the intent to defraud, acquires, transfers, or retains possession of the personal identifying information, as defined in subdivision (b), of another person is guilty of a public offense, and upon conviction therefor, shall be punished by imprisonment in a county jail not to exceed one year, or a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

(e) Every person who, with the intent to defraud, acquires, transfers, or retains possession of the personal identifying information, as defined in subdivision (b), of another person who is deployed to a location outside of the state is guilty of a public offense, and upon conviction therefor, shall be punished by imprisonment in a county jail not to exceed one year, or a fine not to exceed one thousand five hundred dollars ($1,500), or by both that imprisonment and fine.

(f) For purposes of this section, “deployed” means that the person has been ordered to serve temporary military duty during a period when a presidential executive order specifies that the United States is engaged in combat or homeland defense and he or she is either a member of the armed forces, or is a member of the armed forces reserve or the National Guard, who has been called to active duty or active service. It does not include temporary duty for the sole purpose of training or processing or a permanent change of station.

(g) For purposes of this section, “person” means a natural person, firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity.

(Amended Sec. 1, Ch. 10, Stats. 2006. Effective February 25, 2006.)




Sincerely,

Dimitry Alexander Kaplun, Esq.



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Customer: replied 4 years ago.
so if this is a federal case he can serve time in a county jail
Expert:  Dimitry Esquire replied 4 years ago.
Thank you for clarification--if this is a federal case, then no, he is not charged under the state statutes but under federal laws, which are stiffer, and he will have to serve in a federal penitentiary.

Sincerely,

Dimitry Alexander Kaplun, Esq.



_____________________________________________________________________
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Dimitry Esquire
Dimitry Esquire
Criminal Lawyer
38603 Satisfied Customers
I provide general practice and mediation & arbitration services to my clients.