How Can I Defend Against an Accusation of Identity Theft in Phoenix?
Under Arizona law, taking the identity of another person with the intent to use it for an unlawful purpose is a Class 4 felony, which carries a 2.5 year presumptive term of imprisonment. A.R.S. §13-2008.
Special task forces have been organized to arrest anyone suspected of stealing another person’s identity and prosecutors are aggressively seeking convictions in identity theft cases. Mounting a strong defense against accusations of identity theft is more critical than ever.
The following can help make your defense more effective.
Hire a white collar criminal defense attorney to defend you. Obtaining legal counsel to protect your rights and advocate for you is likely to significantly improve your changes of successfully defending against accusations of identity theft in Phoenix, AZ.
An ineffective defense even in the beginning stages of the criminal law process can lead to harsher penalties, like a lengthier prison sentence and higher fines. A well-crafted and aggressive defense mounted from the start helps ensure the most favorable outcome possible in your case.
Understand the charges for identity theft. Under Arizona law there are different statutes covering identity theft crimes, with varying penalties.
In Arizona you may be charged with:
Taking the identity of another person or entity under A.R.S. §13-2008, Aggravated taking the identity of another person or entity under A.R.S. § 13-2009, or Trafficking in the identity of another person or entity under A.R.S. § 13-2010.
It is important to know and understand what crime you are being charged with and the specific elements that constitute that crime. Identity theft under Arizona law requires that the defendant have the intent to use the stolen identity for an unlawful purpose. It is difficult for the prosecution to prove beyond a reasonable doubt a person’s intent, as that speaks to what goes on in their mind. A strong defense against identity theft charges is establishing that you lacked the requisite intent to use the identity for an unlawful purpose.
Advocate for dismissal of the charges or lesser charges. Depending on the specifics of your case your attorney may be able to successfully get the charges against you dismissed entirely. In the absence of dismissal, it may be advantageous to explore a plea agreement to lesser charges.
To get the best defense it is imperative that you hire an attorney knowledgeable with identity theft cases.
If you have been accused of identity theft, we are prepared to defend your rights. Our attorneys will work hard to provide you with the best possible defense. There may be aspects of your case that can be challenged in court in the early stages, so it is essential that you contact us as soon as possible. For a case evaluation contact us here or call (480) 219-1366.
The attorneys at Ashley D. Adams, PLC handles state criminal cases throughout Arizona and federal criminal cases throughout the United States, including Arizona, Oklahoma, Utah, and California.