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Identity Theft and Cyber Crime

Identity theft is a form of stealing someone’s identity in which someone pretends to be someone else by assuming that person’s identity, typically in order to access resources or obtain credit and other benefits in that person’s name. The victim of identity theft (here meaning the person whose identity has been assumed by the identity thief) can suffer adverse consequences if they are held accountable for the perpetrator’s actions. Identity theft occurs when someone uses your personally identifying information, like your name, Social Security number, or credit card number, without your permission, to commit fraud or other crimes.

Computer cyber crime refers to any crime that involves a computer and a network. such as an Intranet. The computer may have been used in the commission of a crime, or it may be the target. Net crime refers to criminal exploitation of the Internet or a specific private Intranet network. Cybercrimes are defined as: “Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using networks such as Internet (Chat rooms, emails, notice boards and groups, Private Intranets and mobile phones (SMS/MMS)”

Probable Penalties & Consequences

According to California Penal Code section 530.5, it is a felony in California to use the personal identifying information of another person without the authorization of that person for any unlawful purpose including to obtain credit, goods, services, or medical information. Penalties in California for an identity theft conviction include a $1,000 fine, one year in county jail, or both. Also, the district attorney has the option to seek imprisonment in state prison, a $10,000 maximum fine, or both as a penalty for the more severe cases. Factors the court considers when assessing the penalties are the seriousness of the victim’s harm, the monetary damage amount, the sophistication of the crime, and the accused’s criminal past.

Theft of telecommunications services is generally a misdemeanor and carries a fine with minimal jail time. Illegally intercepting communication is can be charged as a felony punishable by 1 to 5 years in prison and a fine based on Cyber Crime type i. e. Communication theft or piracy, fostering criminal conspiracies, offensive materials, money laundering, tax evasion, extortion etc.

Representing Clients Charged with Crimes

Clients who have been arrested and charged should act immediately in order to prevent the charges from expanding and other jurisdictions from filing additional charges.

Mark Waecker’s committed team uses the most advanced scientific technique and modern technology to perform investigations, witness interviews, and evidence analysis in order to ensure the best criminal defense available, custom designed for each client.

Mark Waecker’s commitment to superior performance and results consistently achieves favorable settlements or dismissals.