Last Thursday, police officers stopped a vehicle near Sand Canyon and Trabuco for a vehicle code violation, according to the Irvine Police Department.
During the stop, the officers noticed a large amount of mail inside the car. After determining that the car was not an undercover postal vehicle, officers discovered that the mail was all stolen.
Phuong Duc Pham, 40, of Anaheim, and Don Quy Le, 46, of Santa Ana, were arrested for identity theft and conspiracy.
Le, a repeat offender already out on bail for a similar crime, was provided enhanced bail. Both were booked into the Orange County Jail. The stolen mail was returned to the owners.
Here are the potential penalties the suspects could face under California law:
Enhanced sentences may include state prison terms beyond standard penalties.
Identity Theft (Penal Code §530.5)
Classified as a “wobbler” offense (can be a misdemeanor or felony).
Misdemeanor: Up to 1 year in county jail and fines up to $1,000.
Felony: 16 months, 2 years, or 3 years in county jail and fines up to $10,000.
Restitution to victims is commonly ordered. [rpcriminal…efense.com], [mfellattor…yatlaw.com]
Mail Theft (Penal Code §530.5(e))
Usually charged as a misdemeanor.
Up to 1 year in county jail and/or fines up to $1,000.
Can be combined with theft charges if stolen items exceed $950, which may elevate to grand theft (felony) with up to 3 years in jail. [shouselaw.com], [vistacriminallaw.com]
Conspiracy (Penal Code §182)
If conspiring to commit a felony (such as identity theft), penalties mirror the underlying felony.
Courts may impose an additional fine up to $25,000 for conspiracy to commit identity theft. [shouselaw.com], [codes.findlaw.com]
Repeat Offender Enhancements (Proposition 36 & Penal Code §666.1)
Repeat theft or identity theft offenders can face felony charges even for lower-value crimes.