Phoenix Identity Theft Lawyer
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Experienced Criminal Defense Lawyer for Identity Theft Charges in Phoenix, AZ
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Accusations of identity theft are nothing to take lightly, as the penalties for it can be serious and long-lasting. If you or someone you love is facing these charges, it’s important to act fast and equip yourself with an experienced Phoenix identity theft lawyer to protect your rights and your future.
At Belén Law Firm, our experienced team of attorneys is committed to providing the legal support you need to achieve a favorable outcome in the face of identity theft accusations. We understand the nuances of the law and the impact these allegations can have on your life, which is why we are fully prepared to tailor our defense strategies to address the unique aspects of your situation. Our team will work diligently to challenge the evidence, negotiate with prosecutors on your behalf, and advocate for your interests both inside and outside the courtroom.
Call (602) 715-0908 or send a message online to schedule a free case review with the criminal defense lawyers on our team today.
What is Identity Theft?
Identity theft is the act of stealing another person’s or entity’s personal identifying information, usually for an unlawful purpose or personal gain. It occurs when someone knowingly possesses and uses another person’s property or information, such as Social Security numbers, credit card details, or bank account information, without that person’s permission.
In Arizona and across the United States, stealing the identity of another person or entity is a serious crime that can result in severe legal consequences, including steep fines and imprisonment.
Unauthorized Access vs. Identity Theft
While identity theft involves gaining unauthorized access to someone’s personal information and then using that information to impersonate the victim for fraudulent purposes, unauthorized access refers to the act of gaining access to a computer system, network, or personal account without permission, often to view or steal information.
While unauthorized access may be a component of identity theft, identity theft goes further by misusing the stolen information to commit fraud or other crimes.
Arizona Identity Theft Laws
In Arizona, the laws surrounding identity theft can be found under A.R.S. §13-2008 – Taking identity of another person or entity.
ARS §13-2008
This Arizona statute defines identity theft as knowingly taking, purchasing, manufacturing, recording, possessing, or using another person’s or entity’s personal identifying information without consent. It is illegal to take someone’s identifying information with intent to use that identity for any unlawful purpose or to cause loss, even if no economic loss occurs. This includes information from both real and fictitious persons or entities.
Identity theft also covers actions aimed at obtaining or continuing employment using someone else’s identity. However, this does not include the misdemeanor offense of using someone else’s driver’s license or ID number to obtain alcohol while under the age of 21.
Aggravated Identity Theft in Arizona
Under A.R.S § 13-2009, someone can commit the crime of aggravated identity theft, or “aggravated taking identity of another person or entity,” if they knowingly take, purchase, manufacture, record, possess, or use the personal identifying information of:
- Three or more people or entities (real or fictitious) without their consent with the intent to use that information for unlawful purposes or to cause loss, regardless of whether or not any loss was caused;
- Any person or entity (real or fictitious) without their consent with the intent to use that information for unlawful purposes or to cause a loss of $1,000 or more;
- Any person or entity (real or fictitious) to obtain employment.
The statute also makes clear that employers can also be guilty of aggravated identity theft if they knowingly accept false identifying information from an employee and use that information to verify the employee’s authorization to work in the United States.
Common Types of Identity Theft
Identity theft comes in many different forms, depending on the type of information stolen and the ways in which that stolen information is used. Some of the most common types of identity theft include:
- Financial Identity Theft (the unauthorized use of another person’s financial information, like in the case of check fraud or credit card fraud)
- Criminal Identity Theft (using someone else’s identity to commit a crime, which may result in false criminal accusations)
- Medical Identity Theft (fraudulent use of someone’s health information, often for things like insurance fraud)
- Synthetic Identity Theft (combining real and fabricated information to create a new identity)
- Child Identity Theft (utilizing a minor’s identity to open accounts or apply for services)
- Employment Identity Theft (using another person’s identifying information to gain employment)
Each of these types of identity theft can have severe and long-lasting impacts on victims, including financial loss and damage to credit scores, as well as severe legal implications for those who have allegedly committed the offense.
What are the Penalties for Identity Theft in Arizona?
In Arizona, the penalties for stealing a person’s or entity’s identity can be incredibly serious. In most cases, identity theft is charged as a Class 4 felony, which could result in anywhere from 1 to 3.75 years in prison for a first offense, and up to 15 years in prison after 3 or more prior convictions.
This is not even to mention the additional punishments and serious consequences that those convicted of a felony could face, including steep fines, several hours of community service, and possibly years of probation. They may also find it difficult to secure housing, obtain employment, exercise their right to vote or own firearms, and more.
Aggravated Identity Theft Penalties
Aggravated identity theft comes with even harsher penalties. Classified as a Class 3 felony, aggravated identity theft in Arizona can range anywhere from 2 to 8.75 years on a first offense, and up to 25 years in prison after 3 or more prior convictions.
As you can see, the repercussions of a criminal conviction, whether or not it is considered an aggravated offense, can be profound and far-reaching. If you have been accused of identity theft in Arizona, be sure to contact an experienced Phoenix white-collar crime attorney like those at Belén Law Firm right away to get straight to work on building your defense.
What To Do When Facing a Phoenix Identity Theft Charge
If you are charged with identity theft or you’re facing any other related charges in Arizona, it’s important to remain calm and collected. First things first, do not speak to law enforcement or prosecutors without first equipping yourself with legal representation, except to give them your identifying information like your name and address. You should also gather any relevant documents or evidence that could support your case, and refrain from discussing the charges with anyone other than your attorney.
Once you have obtained legal counsel, your Phoenix identity theft lawyer will provide you with all the advice and guidance you need to set yourself up for the most successful outcome possible.
Should I Hire a Lawyer for Identity Theft?
If you have been charged with identity theft in Arizona, the most important thing you can do for yourself is to hire an experienced criminal defense lawyer to help you with your case. An experienced lawyer will be able to provide you with crucial guidance, protect your rights, and build a strong defense on your behalf, potentially reducing charges or penalties or even achieving a more favorable outcome in your case, such as an acquittal or dismissed charges.
The Phoenix identity theft lawyers at Belén Law Firm are experienced in handling a wide range of identity theft cases and related charges, including credit card fraud charges, insurance fraud charges, employment-related identity theft, and more. Contact our defense attorneys today for more information about how we can help you with your specific case.
Defending Against Identity Theft Charges
Our Phoenix criminal defense attorneys may defend against identity theft charges using a variety of strategies tailored to the specifics of your case. These strategies might include:
- Lack of Intent – the defendant (the person accused of the crime) did not knowingly or intentionally use someone else’s personal information for an unlawful purpose.
- Mistaken Identity – the defendant was wrongly accused of the crime.
- Consent: the alleged victim consented for the defendant to use their personal information.
- Lack of Evidence – there is insufficient evidence to prove beyond a reasonable doubt that the defendant committed the crime.
- Duress or Coercion – the defendant was forced to commit the identity theft under threat of harm or coercion.
- Entrapment – law enforcement officials induced the defendant to commit the crime, which they otherwise would not have committed.
- Alibi – there is evidence that the defendant was elsewhere at the time the identity theft occurred.
Never underestimate how important early intervention can be. The sooner you call a Phoenix identity theft lawyer at our firm, the sooner we can begin to build a case on your behalf, potentially mitigating the charges against you or preventing escalation. We can also aid in protecting your rights during the investigation, ensuring that any evidence collected is handled properly and that you do not inadvertently incriminate yourself.
How Belén and Her Legal Team Can Help
Identity theft cases can be very complex and intricate, especially considering that these days, most cases of identity theft are perpetrated through the internet. That means you need a legal team on your side that is familiar with the ins and outs of Arizona law and the justice system as a whole, as well as someone with the appropriate knowledge and resources to secure the best possible defense. At Belén Law Firm, our Phoenix identity theft lawyers are willing and able to provide you with the quality legal representation you need in order to receive the best chance of a successful outcome in court.
Led by Attorney Belén Olmedo Guerra, our firm brings extensive experience in handling cases involving identity theft, leveraging our in-depth knowledge of the legal and technical aspects of cybercrimes. We also tailor our defense strategies to the unique circumstances of each client, ensuring that every case is approached with a customized plan designed to achieve the best possible outcome.
Whether inside the courtroom or during negotiations, we are committed to vigorously defending our clients and protecting their rights throughout the entire legal process. Choosing a Phoenix identity theft lawyer from the Belén Law Firm means entrusting your case with an attorney that is well-informed and well-prepared to face these allegations head-on and do what it takes to win.
Call Our Experienced Phoenix Identity Theft Attorneys at Belén Law Firm Today for a Free Consultation
If you’re facing identity theft charges, our experienced Phoenix identity theft attorneys at Belén Law Firm are here to provide you with the guidance and support you need. From crafting personalized defense strategies that address the specifics of your case to ensuring that your rights are protected every step of the way, we are ready to fight for you.
Give us a call at (602) 715-0908 or reach out online to schedule a free consultation with a Phoenix identity theft lawyer on our team today.