Identity theft is one of the most aggressively prosecuted crimes in California. If you or someone you know is facing charges under Penal Code 530.5 in North Hollywood or anywhere in Los Angeles County, the stakes are serious. A conviction can have long-lasting consequences, potentially affecting employment opportunities, housing applications, professional licensing, and reputation. Understanding exactly what the law covers and what penalties are on the table is the first step toward building a real defense.
What Does California Penal Code 530.5 Actually Prohibit?
PC 530.5 makes it a crime to use another person’s personal identifying information without authorization for any unlawful purpose.
California Penal Code 530.5 is the state’s primary identity theft statute. Under subdivision (a), it is a crime to willfully obtain personal identifying information of another person and use that information for any unlawful purpose, including obtaining credit, goods, services, real property, medical information, or other benefits, without the person’s consent. The law does not require the victim to suffer a financial loss. Criminal liability may arise when personal identifying information is used without consent for an unlawful purpose, even if no actual financial harm occurs.
“Personal identifying information” is defined broadly under California law. Per Penal Code 530.55, it includes:
- Names, addresses, and telephone numbers
- Social security numbers, driver’s license numbers, and passport numbers
- Bank account, credit card, and debit card numbers
- Personal identification numbers (PINs) and passwords
- Biometric data and digital signatures
This wide definition means that even using someone’s name and address to open a single account can constitute identity theft under the statute.
What Are the Different Subdivisions of PC 530.5?
PC 530.5 has multiple subdivisions that cover acquiring, possessing, selling, or transferring stolen personal information.
PC 530.5 does not stop at simple use. The statute covers a range of related conduct:
Subdivision (b) makes it a crime to acquire or retain another person’s personal information for the purpose of committing fraud, even if you never actually use it.
Subdivision (c) targets the sale, transfer, or conveyance of personal identifying information belonging to another person, knowing it will be used to commit fraud. Certain provisions of PC 530.5 also criminalize acquiring, selling, transferring, conveying, or possessing the personal identifying information of multiple individuals under circumstances demonstrating an intent to commit fraud or other unlawful conduct.
Subdivision (d) addresses those who use personal information to cause another person to be falsely arrested, detained, or charged with a crime.
Each subdivision carries its own charging considerations, and prosecutors in Los Angeles County are not shy about stacking charges when the facts allow it.
What Are the Penalties for Identity Theft in California?
Many violations of PC 530.5, including identity theft under subdivision (a), are wobblers that may be charged as either misdemeanors or felonies, with penalties varying depending on the subdivision involved and the facts of the case.
Identity theft under PC 530.5(a) is a wobbler offense in California, meaning prosecutors can charge it as either a misdemeanor or a felony depending on the facts, your criminal history, and the severity of the alleged conduct.
As a misdemeanor, a conviction can result in up to one year in county jail and fines up to $1,000.
As a felony, punishment under PC 530.5 can include:
- For a felony violation of PC 530.5(a), punishment may include 16 months, 2 years, or 3 years in county jail pursuant to California sentencing laws.
- Fines up to $10,000.
- Formal probation with strict conditions.
- Restitution to the victim.
When multiple victims are involved or the conduct spans a period of time, prosecutors may charge multiple counts. Each count carries its own potential sentence, and consecutive sentencing is possible. In some cases involving interstate activity, large-scale fraud schemes, or conduct implicating federal criminal statutes such as mail fraud or wire fraud, federal authorities may also pursue charges.
California law under Penal Code 530.6 also allows the true victim of identity theft to petition the court to establish their factual innocence if they were wrongly arrested due to someone else misusing their identity, which illustrates just how far-reaching this offense can be.
What Defenses Apply to PC 530.5 Charges?
Common defenses include lack of intent, mistaken identity, consent, and challenging whether the information qualifies under the statute.
A PC 530.5 charge is not automatic proof of guilt. Intent is a critical element. The prosecution must prove you acted willfully and with the purpose of fraud or unlawful use. If that intent cannot be established beyond a reasonable doubt, the charge does not hold.
Other defenses that may apply depending on the facts of your case:
- Consent: The alleged victim authorized the use of their information.
- Mistaken identity: You were not the person who used or possessed the information.
- Insufficient evidence: The prosecution lacks the digital records, witness testimony, or forensic evidence to connect you to the alleged conduct.
- Constitutional violations: Law enforcement obtained evidence through an unlawful search or seizure, which can result in suppression of key evidence.
Every case turns on its own facts. Cookie-cutter defenses do not work in Los Angeles County courtrooms, and that is precisely why the quality of your legal representation matters.
Facing Identity Theft Charges in North Hollywood? We Fight Back.
At Wegman & Levin APC, we do not take a passive approach to criminal defense. We go the extra mile at every stage of your case, from the initial review of the evidence to the final argument before the court. Our clients stay fully informed through a dedicated client portal where case documents are always accessible, and we stay active and engaged throughout the entire process. We think creatively when it comes to defense strategy, and our track record of favorable outcomes reflects a real commitment to the people we represent.
If you are facing identity theft charges under Penal Code 530.5, call us at 818-495-8330 or contact us today. Time matters in these cases. Let us get to work.
Last updated: June 2026
