Fraud-Embezzlement-Identity Theft

Many thefts these days involve the use of another person’s identifying information, such as social security number, date of birth or bank account security codes. Identity Theft is often complex and involves many different aspects of the law, including fraud and embezzlement. Almost all of these acts require an intent to fraudulently use another’s information for an illegal purpose. Identity theft can be filed as either a misdemeanor or a felony.

Potential Penalties for Identity Theft
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Up to 3 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Identity Theft
• Failure to Give Miranda Warnings
• Lack of Intent
• Consent by Owner
• Jurisdiction
• Mistake of Fact
• Duress
• Necessity

Identity Theft Fraud Embezzlement San Mateo County