Identity Theft: Felony or misdameanor?

[calikitten113]

What is the name of your state? CA

Well, the reason I am asking is because a friend of mine was arrested for Identity Theft, and I thought that charge was a Felony charge but when I looked him up online, the charge level was misdameanor and he had a bail of $5,000. He also got released the day after he was arrested for this. So Im confused on this whole Identity Theft issue and the severity of the crime.

 

[Happy Trails]

What is the name of your state?
CAWhat is the name of your state?

More details are needed.

 

[Happy Trails]

What is the name of your state? CA

Well, the reason I am asking is because a friend of mine was arrested for Identity Theft, and I thought that charge was a Felony charge but when I looked him up online, the charge level was misdameanor and he had a bail of $5,000. He also got released the day after he was arrested for this. So Im confused on this whole Identity Theft issue and the severity of the crime.

That's why I asked for more information; crimes are graded due to the circumstances.

Do you know the statute code for the offense?

 

[Happy Trails]

The California code is:

530.5. (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b), of another person, and uses that information for any unlawful purpose, including to obtain,
or attempt to obtain, credit, goods, services, or medical information in the name of the other person without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished either by imprisonment in a county jail not to exceed one year, a fine not to exceed one thousand dollars ($1,000), or both that imprisonment and fine, or by imprisonment in the state prison, a fine not to exceed ten thousand dollars ($10,000), or both that imprisonment and fine.


It is up to the District Attorney as to filing it as a misdemeanor or a felony (this is known as a "wobbler").

DA decides which one they will charge person with upon different factors.

Such as: The serousness of the victim's harm, monetary damage, how sophisticated the crime was and the past criminal record of the person being charged.