Defending The Rights Of Clients Throughout San Diego County Since 1999

Defending against SIM swapping allegations

On Behalf of | Jan 14, 2025 | Criminal Defense |

concept of cellphone data flowing in space

As technology advances, more people are facing digital theft. Digital theft can happen in many different ways, such as ransomware, malware or phishing. People who store a lot of their personal information may be more at risk of one type of digital theft: SIM swapping. 

If you are accused of SIM swapping, it is important to understand what this accusation is, the consequences you could face and your legal rights. Here is what you should know:

What is SIM swapping? 

SIM swapping occurs when a perpetrator uses a victim’s SIM card from a stolen phone to access the victim’s personal information. The perpetrator transfers the victim’s SIM card to a new phone and convinces cell phone companies to transfer private information to a new phone. In one instance, a perpetrator used a victim’s banking information to trick a phone company into transferring the user’s data. As a result, the victim lost $38,000 from their bank accounts. Once the transfer is complete, the perpetrator can access the victim’s calls, texts, banking information, cryptocurrency wallets and two-factor authentication codes.

Is SIM swapping identity theft?

Identity theft is the use of someone else’s identification, such as their name, credit card number or Social Security number, to commit fraud. Since the perpetrator in a SIM swapping case uses the victim’s personal information to gain access to their assets, if convicted, the perpetrator could face identity theft charges. In California, identity theft can lead to the following penalties:

  • Misdemeanor charge: one year in jail, up to $1,000 in fines and possible probation
  • Felony charge: three years in jail, up to $10,000 in fines and possible probation

Furthermore, a defendant charged with identity theft faces limitations when applying for housing, employment, education or loans. People falsely accused of identity theft should be aware of the repercussions of a criminal charge.

Were you accused of SIM swapping?

Being accused of SIM swapping can carry heavy consequences. There are several defenses people can take if they are accused of SIM swapping and identity theft. These defenses include: 

  • Lack of intent
  • Mistaken identity
  • Insufficient evidence
  • Technical issues

Defendants can reach out for legal guidance to protect their legal rights.

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