San Francisco Identity Theft Lawyer: The Law Office of Valery Nechay

Facing identity theft charges in San Francisco? Learn how The Law Office of Valery Nechay, a leading San Francisco Identity theft lawyer, can help defend you and protect your rights.

Dealing With Your Identity Theft Charge: Why You Need a San Francisco Identity Theft Attorney

Identity theft happens when someone illegally uses another person’s personal information, like a name, Social Security number, or credit card details, to commit fraud or other crimes. This crime can cause severe damage to one’s financial security and reputation.

If you’re facing identity theft charges, feeling anxious and uncertain is normal. These accusations carry serious legal consequences, and you must understand your rights and options to defend yourself effectively.

We at The Law Office of Valery Nechay in San Francisco are here to help you fight these charges. We understand the importance of proving mistaken identity, demonstrating a lack of fraudulent intent, or showing that you had consent to use the information. Our aim is to support and guide you through this challenging process, ensuring that your side of the story is heard and your innocence is upheld.

Understanding Identity Theft

In California, identity theft is defined and penalized under California Penal Code 530.5, which includes several subdivisions specifying various acts related to identity theft, not just obtaining personal information unlawfully. Types of identity theft include financial, medical, and criminal, each with its own unique complications. Understanding the local legal landscape is crucial in navigating these charges.

The legal process for understanding identity theft charges involves several key steps:

  1. Initial Investigation: Law enforcement investigates the alleged crime, gathering evidence such as financial records, communication logs, and witness statements. A decision to file charges is made based on whether the evidence sufficiently supports prosecution.
  2. Charges and Arraignment: The district attorney files charges if sufficient evidence is found. The defendant is then arraigned, where they are formally presented with the charges and enter a plea.
  3. Discovery: Both the defense and prosecution exchange evidence. This phase includes reviewing documents, questioning witnesses, and examining the specifics of the alleged identity theft.
  4. Pretrial Motions: These are legal arguments made before the trial begins. They can include motions to dismiss the charges, suppress evidence, or request specific information from the prosecution.
  5. Plea Bargaining: Often, the defense and prosecution may negotiate a plea deal to avoid trial. This can result in reduced charges or penalties.
  6. Trial: If no plea deal is reached, the case goes to trial. Both sides present their evidence and arguments to a judge or jury, who then decides on the defendant’s guilt or innocence.
  7. Sentencing: If found guilty, the judge will determine the appropriate penalty, which can include fines, restitution, and imprisonment.

California Penal Code 530.5(a) specifically targets those who “willfully obtain personal identifying information” and use it “for any unlawful purpose,” which includes obtaining credit, goods, services, or medical information.

Additionally, Penal Code 530.5(c)(3) addresses cases where individuals “sell, transfer, or convey” another person’s personal identifying information with the intent to defraud.

Navigating these charges requires a deep understanding of both the law and the specifics of the case. At The Law Office of Valery Nechay, we are equipped to help you through every step of this process, ensuring your rights are protected and providing a robust defense.

Penalties for Identity Theft

In California, identity theft can be either a misdemeanor or a felony, depending on the details of the case, including factors such as the value of the fraud and the victim’s circumstances. The penalties for each classification are different and can have significant impacts on your life.

Misdemeanor Identity Theft (California Penal Code 530.5(a)):

  • Up to one year in county jail
  • Probation
  • Fines
  • Possible community service

Felony Identity Theft (California Penal Code 530.5(a)):

  • Up to three years in state prison
  • Formal probation
  • Higher fines
  • Possible restitution to victims

While a misdemeanor may result in up to one year in county jail, probation, fines, and community service, a felony conviction is much more severe, potentially leading to up to three years in state prison, formal probation, higher fines, and the obligation to pay restitution to the victims.

The impact of these penalties extends beyond just jail time or fines. A felony conviction can severely affect your career prospects and damage your reputation for years to come. This is why it’s crucial to understand the legal distinctions and potential consequences of each type of charge.

How The Law Office of Valery Nechay Can Help

If you’re facing identity theft charges, we understand the emotional toll it can take. At The Law Office of Valery Nechay, we offer skilled defense, providing professional legal advice with a commitment to ethical standards.

Our defense strategy begins with an initial consultation to understand the intricacies of your case. We then develop a tailored defense plan, employing a comprehensive legal approach to address the specific details of your situation. We are committed to adhering to the highest ethical standards, ensuring your rights are upheld throughout the criminal justice process.

Our reputation speaks to our dedication and success. From 2021 to 2024, we have been recognized for our defense excellence. This recognition, along with the respect we have earned from our peers and our Martindale-Hubbell recognition, underscores our commitment to providing exceptional legal defense.

We offer a range of services to support our clients. Our legal representation is vigorous and tailored to your case specifics, ensuring a strong defense. We also provide emotional support, acknowledging and addressing the stress and concern that identity theft charges can cause. Our clear legal advice helps you understand the potential implications and outcomes of your case, guiding you through the legal process with clarity and confidence.

Contact The Law Office of Valery Nechay Today

Selecting the right legal representation is crucial when facing the complexities of identity theft. Our firm stands as a beacon of experience in the San Francisco legal community, dedicated to criminal defense. At The Law Office of Valery Nechay, we provide a robust defense with a client-focused approach, ensuring that each case receives a tailored strategy built on comprehensive legal knowledge and a commitment to uphold your rights.

Contact The Law Office of Valery Nechay for a consultation to establish a strong legal defense. With our experience, personal approach, and commitment to our clients, we are prepared to defend your rights vigorously. Engaging with a respected San Francisco identity theft lawyer will give you the best chance to restore your name and honest standing. Contact us today to learn how we can assist you through this legal maze and achieve the best possible outcome for your case.


If you are under investigation or charged with a crime, I will consult with you in person and at no charge to you.