Arizona Identity Theft Laws

If you’re facing identity theft charges in Arizona, understanding what constitutes identity theft and your defense options is essential. Arizona classifies identity theft as a Class 4 felony. However, outcomes vary widely based on your criminal history and other circumstances.

Being charged with identity theft can feel overwhelming as you consider the potential penalties and wonder about the best possible defense for your case. If you are facing an identity theft charge, consider seeking legal advice from a criminal defense attorney. They can help evaluate the specific facts surrounding your case and identify potential defenses.

What Constitutes Identity Theft in Arizona?

Under the Arizona Revised Statutes (ARS 13), to establish identity theft, prosecutors must prove four specific elements beyond a reasonable doubt. Understanding these elements is crucial because your defense could focus on challenging one or more of them.

Prosecutors must establish that you:

• Knowingly took, purchased, manufactured, recorded, possessed, or used personal identifying information of another
• The information belonged to another person, a fictitious person, or an entity
• You acted without that person or entity’s consent
• You intended to either use the identity of another person or entity for an unlawful purpose, cause loss to someone, or obtain or continue employment

Without proving all four of these elements, it can be extremely difficult for a prosecutor to secure a conviction.

What Is “Personal Identifying Information”?

Arizona law uses a broad definition of personal identifying information. It includes:

• Name, signature, or Social Security number
• Driver’s license or professional license number
• Date of birth or mother’s maiden name
• Address or telephone number
• Financial account numbers or credit card numbers
• Employment information
• Biometric data, such as fingerprints

Possessing or using any identifying detail about another person without authorization can result in identity theft charges. The law does not require that you to steal the personal information of another person yourself. Purchasing, manufacturing, or simply possessing another’s identification with unlawful intent can be enough to secure a conviction.

The “Knowledge” and “Intent” Requirements

In identity theft cases, there are two particularly important elements for your defense: knowledge and intent. Knowledge means that you were aware that you were taking or using someone else’s personal information. Intent states that you acted with the purpose of using the identification unlawfully to cause harm or commit fraudulent activities.

Penalties for Identity Theft

Arizona Revised Statutes classifies identity theft as a Class 4 felony. The penalties that you may face could depend on your criminal history and whether the court finds any aggravating or mitigating circumstances.

First-Time Offenders

Those who haven’t been in trouble with the law may be given less severe sentences. For first-time offenders or those without prior felony convictions, the Arizona Revised Statutes provide for a prison sentence of between one (1) and three-and-three-quarters (3.75) years.

Repeat Offenders

If you have prior felony convictions, the penalties increase significantly.

• With one prior felony conviction (Category Two): Between two-and-one-quarter (2.25) years and seven-and-a-half (7.5) years in prison
• With two or more prior felony convictions (Category Three): Between six (6) and 15 years in prison

These enhanced sentencing ranges apply even if your prior convictions are old or unrelated to identity theft.

Aggravating Factors

Arizona law also recognizes an aggravated form of identity theft. You may be committing an aggravated identity theft if any of the following circumstances are present:

• You used the identifying information of three or more persons or entities
• You caused economic loss of $1,000 or more

Aggravated identity theft is a Class 3 felony. If you are a first-time offender charged with aggravated identity theft, the prison sentence ranges between two (2) and eight-and-three-quarter (8.75) years. This jail time is much more severe than non-aggravated first-time offenses.

There are also general aggravating circumstances that could increase your prison sentence. These circumstances include:

• You used sophisticated means to commit the offense
• You abused a position of trust or authority
• You targeted particularly vulnerable victims
• Other factors that are relevant to the nature or circumstances of the crime

Each case is different.

Mitigating Factors

There are also factors that can reduce penalties. These are called mitigating factors and include the following:

• Courts may sometimes show leniency for young offenders who demonstrate potential for rehabilitation or for the elderly, taking into account their health conditions
• If you acted under significantly impaired capacity to appreciate the wrongfulness of your conduct or to conform your conduct to legal requirements
• You acted under unusual or substantial duress
• Your degree of participation in the crime, if it is minor
• You cooperated with the law enforcement officers during or immediately following the offense
• Any other factor relevant to your character, background, or the nature or circumstances of the crime that the court finds mitigating.

The presence of mitigating factors gives the judge discretion to impose a lighter sentence. Even with mitigating factors, the sentence cannot be reduced below the statutory minimum imposed for the felony.

Additional Penalties and Consequences

Identity theft charges, as a Class 4 felony, can also come with the following penalties and consequences:

• Fines of up to $150,000
• Restitution or court-ordered payment to victims of the crime, particularly if the offense caused economic loss
• A felony conviction remains on your record permanently unless set aside
• For non-citizens, identity theft convictions can cause negative implications for your immigration status and lead to deportation or inadmissibility to enter the country

The details of each case will determine any changes to sentencing.

Possible Defenses to Identity Theft Charges

There are several legal defenses that you could use to fight identity theft charges. An experienced identity theft attorney can help determine which defenses would be most effective in your situation.

• Lack of knowledge or intent: Arizona criminal law requires prosecutors to prove that you acted knowingly and with the intent to commit identity theft. If you genuinely believed someone else gave you permission to use their personal information, it might absolve you of blame. The same applies if you were unaware that the information belonged to someone else.
• Consent: One of the elements of identity theft is using information about another person “without consent.” If the owner gave you permission to use their information, the charges against you are weakened. An attorney can show this through text messages, emails, or witnesses who can testify that you had consent to use them.

Your attorney can also challenge the prosecution’s case through other criminal defenses, such as arguing that the evidence is insufficient to prove the element of identity theft charges beyond a reasonable doubt. They can also present evidence of mistaken identity.

Charged With Identity Theft? An Attorney Can Help

Identity theft involves the use of another person’s identity to commit fraud. Whether you’re in Phoenix, Scottsdale, Mesa, or another city in Arizona, a criminal defense lawyer can help. They can look at the facts of your case and find the best possible defense strategy to protect your rights. Contact a criminal defense attorney to learn more.