Is Identity Theft a Felony in California Charges, Penalties, and What You Need to Know
Yes, identity theft can be charged as a felony in California under Penal Code Section 530.5, but it’s classified as a “wobbler” offense—meaning prosecutors have discretion to charge it as either a misdemeanor or felony based on the severity, criminal history, and circumstances of the case. Felony identity theft carries 16 months to 3 years in jail and fines up to $10,000, while misdemeanor charges result in up to 1 year in county jail and $1,000 in fines.
California ranks third in the U.S. for identity theft complaints, with over 100,000 cases reported annually. The decision to pursue felony versus misdemeanor charges hinges on factors like the amount of financial loss, whether the defendant has prior convictions, the scale of the identity theft scheme, and involvement in organized fraud rings.
What California Law Says About Identity Theft
California Penal Code Section 530.5(a) makes it a crime to willfully obtain personal identifying information of another person and use that information for any unlawful purpose, including attempting to obtain credit, goods, services, real property, or medical information without consent. The law recognizes four distinct categories of identity theft offenses:
PC 530.5(a): Unauthorized use of personal identifying information
PC 530.5(c): Fraudulent possession of personal identifying information
PC 530.5(d)(1): Selling, transferring, or conveying another person’s information with intent to defraud
PC 530.5(d)(2): Knowingly selling information that will be used for identity theft
Personal identifying information encompasses names, addresses, phone numbers, Social Security numbers, driver’s license numbers, bank account numbers, credit card details, PINs, passwords, and passport information.
When Is Identity Theft Charged as a Felony vs. Misdemeanor?
Prosecutors evaluate the criminal history of the defendant, the extent of the loss caused by the crime, and other relevant factors when determining whether to charge identity theft as a felony or misdemeanor. Felony charges typically apply when:
- The financial loss exceeds several thousand dollars
- The defendant has prior identity theft or fraud convictions
- Multiple victims were targeted
- The theft involved organized crime or identity theft rings
- The defendant trafficked in stolen personal information
- Elder victims (age 65+) were specifically targeted
- The theft was part of a broader criminal enterprise
Approximately 60% of identity theft cases in California are charged as felonies, with urban counties like Los Angeles and San Diego filing more felony charges than rural areas.
California Identity Theft Penalties: What You Face
Felony Identity Theft Penalties
A felony conviction under PC 530.5 carries a sentence of 16 months, 2 years, or 3 years in county jail, fines up to $10,000, and formal probation. The sentence follows California’s realignment program under PC 1170(h), meaning time is served in county jail rather than state prison. Critically, each time a defendant uses another person’s personal information constitutes a separate and distinct violation of the identity theft statute, allowing multiple counts even with a single victim.
Misdemeanor Identity Theft Penalties
Misdemeanor identity theft convictions result in up to 1 year in county jail, fines up to $1,000, and summary probation.
Collateral Consequences Beyond Jail Time
PC 530.5 convictions are classified as crimes involving moral turpitude, triggering severe immigration consequences for non-citizens including deportation or inadmissibility to the United States. Felony convictions result in permanent loss of gun rights under California law, as convicted felons are prohibited from possessing firearms. Professional license holders—including nurses, doctors, attorneys, and financial professionals—face license suspension or revocation proceedings.
Legal Elements Prosecutors Must Prove
To secure a conviction under PC 530.5(a), prosecutors must establish that the defendant willfully obtained someone’s personal identifying information, used it for an unlawful purpose, and did so without the person’s consent. The “willfully” requirement means the defendant acted deliberately and on purpose.
You can be found guilty of identity theft even if no one was actually defrauded or suffered a financial loss—your actions matter, not the result. There is no requirement to prove the defendant impersonated the victim, as clarified in People v. Barba (2012) 211 Cal.App.4th 214.
Key Defenses to California Identity Theft Charges
Defense attorneys challenging PC 530.5 charges typically employ these strategies:
Lack of Fraudulent Intent: The prosecution must prove fraudulent intent—if you obtained someone’s information accidentally or without unlawful purpose, this defense applies.
Authorization: If you had explicit or implied permission to use the information, you cannot be convicted under PC 530.5.
Lack of Willfulness: You only commit identity theft through willful acts—accidentally obtaining information is not criminal.
False Accusations: False accusations often arise from ex-partners, ex-friends seeking revenge, or strangers trying to escape their own debts.
Insufficient Evidence: Challenging whether prosecutors can prove all required elements beyond reasonable doubt.
Unlawful Search and Seizure: Suppressing evidence obtained through constitutional violations.
Recent California Identity Theft Case Law and Developments
In People v. Shah (2023) 96 Cal. App. 5th 879, the California Supreme Court held that “use” of personal information must involve employment of the data to achieve an unlawful goal, not just mere possession. This clarified that mere possession of personal data without proven intent doesn’t meet the elements of PC 530.5(c).
New laws such as AB 2943 and SB 1416 enhance penalties for organized theft and allow prosecutors to aggregate the value of stolen goods across counties, helping meet the felony threshold. Legislators are considering expanding Section 530.5 to explicitly target synthetic identity fraud, where offenders create fake profiles using real and fabricated data.
In People v. Rodriguez (2021), defendants were convicted of 238 and 193 counts respectively of forgery and identity theft for using another engineer’s seal to stamp building plans between 2009 and 2014. The case demonstrates California’s aggressive prosecution of professional identity theft and the application of tolling doctrines that extend the statute of limitations for fraud-based crimes.
Statute of Limitations for Identity Theft Prosecution
The basic statute of limitations for fraud in California is three years for misdemeanors and four years for felony fraud, but the clock doesn’t start until the victim realizes fraud has been perpetrated. Under the discovery rule, prosecution can overcome the statute of limitations by pleading and proving when and how facts concerning the fraud became known to the victim, lack of prior knowledge, and that the victim had no means of knowledge or notice which would have shown the circumstances at an earlier date.
This tolling provision is particularly important in identity theft cases where victims may not immediately discover the theft.
What Identity Theft Victims Should Do Immediately
California residents who discover they’re identity theft victims should:
File Police Reports: Document the crime with local law enforcement to establish the timeline and support disputes with creditors.
Report to Credit Bureaus: Contact the three major credit reporting agencies (Experian, TransUnion, Equifax) and set up fraud alerts.
File FTC Reports: Submit complaints at IdentityTheft.gov for official documentation and personalized recovery plans.
Request Credit Reports: Obtain free credit reports from annualcreditreport.com and carefully review for fraudulent accounts.
Contact Creditors: Notify financial institutions and creditors about fraudulent accounts opened in your name.
Review Court Records: When someone willfully obtains personal identifying information and uses it to commit additional crimes, California law requires court records to reflect that the person whose identity was falsely used did not commit the crime.
The California Attorney General’s office provides an identity theft victim checklist with comprehensive steps for recovery.
What Defendants Facing Identity Theft Charges Should Know
About 60% of identity theft cases are charged as felonies, with conviction rates of 85% for misdemeanors and 92% for felonies. These statistics underscore the importance of immediate legal representation. Early intervention by criminal defense attorneys is crucial—attorneys can potentially negotiate with prosecutors for reduced charges or case dismissal before charges are filed.
Judges may grant probation in both felony and misdemeanor PC 530.5(a) cases, depending on the defendant’s criminal history and case facts. Probation sentences may include conditions like community service, house arrest, or work release programs.
Wobbler Reduction: Defense attorneys can negotiate “open-to-wobbler” pleas that reduce felony charges to misdemeanors, avoiding immigration consequences, gun rights loss, and felony conviction stigma.
Expungement Options: You can obtain a criminal record expungement following a California identity theft conviction as long as you successfully complete probation or jail time. After expungement, the PC 530.5 conviction should no longer appear on background checks.
Related Identity Theft Offenses Frequently Charged Together
Prosecutors commonly file multiple charges alongside identity theft:
Credit Card Fraud (PC 484e): Using another person’s credit card information
Grand Theft (PC 487): When stolen goods or services exceed $950
Forgery (PC 470): Creating or altering documents with fraudulent intent
Mail Theft (PC 530.5e): Stealing mail to obtain personal information
Elder Abuse (PC 368): Enhanced penalties when victims are 65+ years old
Elder abuse combined with identity theft can increase sentences from the normal 3-year term in county jail to 4 years in state prison if classified as a felony, with fines ranging from $1,000 to $6,000.
California vs. Federal Identity Theft Prosecution
While this article focuses on California law, federal prosecution under 18 U.S.C. § 1028 is possible for identity theft schemes crossing state lines or involving federal agencies. Federal penalties are significantly harsher—up to 30 years in federal prison for aggravated identity theft involving terrorism or certain felonies.
Most cases are prosecuted under California law when the theft occurs within state boundaries and involves state-issued documents or California residents.
Protecting Yourself: Prevention Strategies
Enroll in credit monitoring services to catch fraud quickly, avoid giving personal information to untrustworthy sources, shred documents containing sensitive information, use strong passwords and two-factor authentication, monitor financial statements regularly, and freeze credit when not actively applying for credit.
Under the California Consumer Privacy Act (CCPA), residents can request removal of personal data from broker sites like Whitepages and Spokeo using the DMA opt-out list at dmaresponsibility.org.
Frequently Asked Questions
Is identity theft always a felony in California?
No. Identity theft is a wobbler offense in California, meaning prosecutors can charge it as either a misdemeanor or felony based on factors including criminal history, amount of loss, and circumstances surrounding the offense.
What are the maximum penalties for felony identity theft?
Felony identity theft convictions carry 16 months, 2 years, or 3 years in county jail and fines up to $10,000. Additional consequences include formal probation, restitution to victims, immigration consequences, loss of gun rights, and professional license issues.
Can I be convicted of identity theft if no one was harmed?
Yes. You can be found guilty of identity theft even if no one was actually defrauded or suffered a loss—your actions are what is important, not the result.
What factors determine whether identity theft is charged as a felony?
Prosecutors consider the criminal history of the defendant, the extent of the loss caused by the crime, the number of victims, involvement in organized crime, targeting of vulnerable victims like the elderly, and the sophistication of the scheme.
How long do prosecutors have to file identity theft charges?
California has a three-year statute of limitations for misdemeanor fraud and four years for felony fraud, but the clock doesn’t start until the victim discovers the fraud. The discovery rule can significantly extend the prosecution window.
What should I do if I’m falsely accused of identity theft?
False accusations often stem from ex-partners, ex-friends seeking revenge, or mistaken identity. Immediately contact a criminal defense attorney who can compile recorded communications, eyewitness accounts, and surveillance video showing lack of willfulness or fraudulent intent. Early intervention before charges are filed is critical.
Can identity theft convictions be expunged in California?
Yes. You can obtain a criminal record expungement following a California conviction for identity theft as long as you successfully complete probation or jail time. Expungement removes the conviction from most background checks.
Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. California identity theft law, penalties, and charging decisions may vary based on specific circumstances and recent legal developments. Consult the official California Penal Code Section 530.5, review statute details independently, and contact a California criminal defense attorney for specific questions about identity theft charges or your situation.
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- 7 Types of Identity Theft Penalties in 2025, Legal Guide
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- How to File a Police Report for Identity Theft in Texas
About the Author
Sarah Klein, JD, is a former consumer rights attorney who spent years helping clients with issues like unfair billing, product disputes, and debt collection practices. At All About Lawyer, she simplifies consumer protection laws so readers can defend their rights and resolve problems with confidence.
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