Identity theft occurs when someone steals your personal information to commit fraud. A common example of identity theft occurs when a person uses another person’s Social Security number to falsely file tax returns with the IRS or the state. Because people create innovative techniques to commit this fraud, preventing identity theft is an enormous challenge. According to the Insurance Information Institute, Arizona has one of the highest rates of identity theft per 100,000 in population. Because of this extremely high rate, state prosecutors and the judiciary seek to punish those convicted of the crime to the fullest extent.

In Arizona, identity theft is governed under A.R.S. § 13-2008, and has three main elements that the State must prove beyond a reasonable doubt. These elements are:

• The person has knowingly taken, purchased, manufactured, recorded, possessed or used any personal identifying information of another person;
• Without the consent of that person; and
• With the intent to obtain, use, sell or transfer the other person's identity for any unlawful purpose, to obtain employment, or to cause loss to a person, regardless of whether the person actually suffered a loss.

A conviction under 13-2008 results in a class 4 felony and carries a max 3 year sentence if you are a first time offender.

Related Offenses

Because identity theft is just the taking of another person’s identity, you will likely face further charges for activity you may have conducted using the other person’s name. For example, if someone were to use false social security cards or numbers to obtain employment, that person would face an identity theft charge under A.R.S. § 13-2008, as well as potential charges of criminal impersonation and aggravated taking the identity of another person.

Criminal impersonation, under A.R.S. § 13-2006, occurs when someone:

• Assumes a false identity with the intent to defraud another; or
• Pretends to be a representative of some person or organization with the intent to defraud; or
• Pretends to be, or assuming a false identity of, an employee or representative of some person or organization with intent to induce another person to provide or allow access to property

If convicted of criminal impersonation, the person would receive a class 6 felony and a max sentence of 1 ½ years in prison as a first time offender.

The crux to an identity theft case is the State’s ability to prove beyond a reasonable doubt that you acted knowingly and with intent for an unlawful purpose or obtain employment. An effective defense is to raise doubt as to any of these elements, especially the element of intent.

Hiring an Experienced Criminal Attorney

Hiring a experienced and locally based criminal attorney is an important step in the criminal process. A Phoenix criminal lawyer should be hired within the week following an arrest. A skilled criminal attorney should have specialized knowledge and access to the resources necessary to competently defend you and successfully fight your criminal charges.

The criminal defense attorneys at Phoenix Criminal Lawyer are dedicated to providing the highest-quality defense available to our clients. It all starts with your free case review, where you can get a better idea of the legal road ahead. Contact us today to schedule your complimentary and private consultation with our superior criminal lawyers.