Identity Theft

California Penal Code § 530.5 (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.

Theft is not limited to personal property like vehicles, jewelry, and money. A defendant may also be charged with stealing or taking the identity of another. Identity theft is a felony that has gained the attention ion of the public. Technological and digital advances have made it easier for defendants to use an identity in an unlawful manner.

Even a simple “hack” of someone’s twitter account could lead to possible criminal liability under this statute. If a defendant used someone’s personal information to access a twitter account and post explicit information, without the consent of the accountholder, the defendant could be charged for identity theft because he committed an unlawful act. It does not have to be a criminal unlawful act; it could also be a civil tort.

Grand Theft Auto

California Penal Code § 487 (d) When the property taken is any of the following:
(1) An automobile, horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig.

Grand theft auto is the crime of grand theft proscribed in subsection (d) of section 487 of the California Penal Code. Please see the section on “grand theft.” A defendant charged with grand theft auto may be able to face a less serious offense if he can prove that he did not intend to permanently deprive the owner of the vehicle. The crime of joyriding requires that the person intend to temporarily deprive the owner of the vehicle, and it usually is charged as a misdemeanor. It is important to be represented by an attorney in any legal proceeding. In the case you have been charged with grand theft auto, you need to have an advocate helping you to protect your legal rights.

Joy Ride Lesser Offense

California Vehile Code § 10851 (a). Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense and, upon conviction thereof, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment.

This crime is similar to grand theft auto in that involves a defendant taking a vehicle without the consent of the owner. Please see section on “grand theft auto.”

Typically charged as a misdemeanor, a defendant charged with this crime may be able to successfully defend on the theory of consent or lack of intention. Consent means that the owner of the vehicle gave you permission to drive the vehicle for a period of time. It is important to note that the defendant must stay within that scope of permission. For example, if a friend said that you may drive his Bentley to grab some groceries, you cannot drive the Bentley to Vegas. That would be outside of the scope of consent.

Our law office would also explore other defenses, like whether the defendant had the intent to deprive the owner of his or her title. Furthermore, with a crime like joyriding – police sometime engage in unconstitutional searches and seizures. We would be aggressive in our defense on possible constitutional issues.

Grand Theft

California Penal Code § 487. Grand theft is theft committed in any of the following cases: (a) When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950)…


The statute for this crime gets more complicated as it lists different ways in which a defendant may be charged for this crime. Furthermore, depending on the item stolen, the value needed for a grand theft may decrease to $250. Grand theft can also be committed in a myriad of ways. If you have been entrusted with property, and you embezzle it, you can be guilty of grand theft by embezzlement. If you defraud someone into giving his or her property to you so that you can permanently deprive them of it, you can be guilty of grand theft by trick. Regardless of how grand theft occurs, it is important that the person charged be represented by an attorney. Depending on the circumstances, we may be able to lower the charge to a misdemeanor.