Identity Theft Defense
An identity theft charge can feel overwhelming, especially when the case is built on accounts, devices or documents you may not fully recognize. You deserve a clear explanation of the law and a careful review of the evidence before you say anything about it.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 13-2008 makes it a crime to knowingly take or use another person's identifying information without consent for an unlawful purpose. A.R.S. § 13-2009 covers aggravated forms.
- How it is classified: Taking the identity of another is a class 4 felony. Aggravated taking is a class 3 felony.
- Possible sentence: A first-offense class 4 felony carries 1 to 3.75 years in prison, and probation may be possible in some cases.
- Where the case is heard: Maricopa County Superior Court in downtown Phoenix. Some identity cases are charged in federal court.
- What to do now: Talk with a defense lawyer before you explain any accounts, cards or documents to police or a bank.
What the law says
Under § 13-2008(A), a person commits taking the identity of another person or entity by knowingly taking, buying, making, recording, possessing or using another's identifying information without consent. The information can belong to a real or fictitious person or business. The State must also prove you acted with one of these intents:
- To obtain or use the other person's identity for any unlawful purpose.
- To cause loss to a person or entity, whether or not any actual economic loss happens.
- To obtain or continue employment.
"Personal identifying information" is defined broadly in A.R.S. § 13-2001(10). It includes names, signatures, screen names, addresses, birth dates, Social Security numbers, driver license numbers, account and card numbers, fingerprints and photographs. The statute excludes certain underage alcohol violations by a person under 21 (§ 13-2008(D)).
Aggravated taking is the more serious form. Under § 13-2009(A), it applies when a person knowingly takes or uses identifying information without consent and one of these is true:
- The information belongs to three or more other persons or entities, held with intent to use it for an unlawful purpose or to cause loss.
- The conduct causes another person or entity an economic loss of $1,000 or more.
- Another person's information is used with intent to obtain employment.
Under § 13-2009(C), having the information of three or more people outside the regular course of business can support an inference that it was held for an unlawful purpose. An inference is something a jury may consider, not something it must accept. Section 13-2009(B) separately covers an employer who knowingly accepts another person's identifying information from an applicant the employer knows is not that person, and uses it to decide whether the applicant may legally work in the United States.
How it is classified
| Offense | Statute | Classification |
|---|---|---|
| Taking the identity of another person or entity | § 13-2008(E) | Class 4 felony |
| Aggravated taking: three or more victims | § 13-2009(A)(1) | Class 3 felony |
| Aggravated taking: economic loss of $1,000 or more | § 13-2009(A)(2) | Class 3 felony |
| Aggravated taking: to obtain employment | § 13-2009(A)(3) | Class 3 felony |
| Employer knowingly accepting another's identity | § 13-2009(B) | Class 3 felony |
Under § 13-2008(C), when several violations are alleged in one county, the prosecutor may combine them in a single complaint. When violations are alleged in more than one county, the case may be brought in any county where a violation is alleged.
Possible penalties
Sentencing depends on the class and your history. For a first felony offense, A.R.S. § 13-702(D) sets these prison ranges:
| Class | Mitigated to aggravated | Presumptive |
|---|---|---|
| Class 3 felony | 2 to 8.75 years | 3.5 years |
| Class 4 felony | 1 to 3.75 years | 2.5 years |
If you are eligible for probation, the court may suspend the sentence and place you on probation under A.R.S. § 13-901(A), and it must order restitution where a victim suffered economic loss. Restitution is "the full amount of the economic loss as determined by the court" under A.R.S. § 13-603(C). A felony fine can be up to $150,000 under A.R.S. § 13-801(A).
Federal prosecutors sometimes bring identity cases too. Under 18 U.S.C. § 1028A(a)(1), using another person's means of identification without lawful authority during certain federal felonies adds a mandatory 2-year prison term in addition to the sentence for the underlying felony. The court cannot grant probation on that count, and the term generally runs consecutively. Nova Law Group appears in the U.S. District Court for the District of Arizona.
Consequences beyond the sentence
- Record: An identity theft conviction can show up on background checks and raise questions about trust. You may later be able to ask the court to set aside the judgment of guilt under A.R.S. § 13-905, or petition to seal the records under A.R.S. § 13-911 after a waiting period. See set-asides and record sealing.
- Firearms: A felony conviction makes you a prohibited possessor under A.R.S. § 13-3101(A)(7)(b) until your rights are restored, and 18 U.S.C. § 922(g)(1) bars possession after a conviction for a crime punishable by more than one year.
- Immigration: Offenses involving fraud or false identity can raise removal issues under 8 U.S.C. § 1227(a)(2). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Employment and licenses: Jobs that involve customer data, finances or a professional license may be hard to keep or obtain.
Avoiding jail is not the same as avoiding a conviction. A probation sentence still leaves a felony on your record.
How we defend identity theft charges
Identity cases often rest on digital evidence, such as account logs, IP addresses, phone records and store video. We test whether that evidence actually ties you to the conduct, and we look at each element the State must prove.
- Who did it: Shared devices, shared Wi-Fi, stolen phones and data breaches can make it hard to prove who used the information.
- Consent: Family members, roommates and business partners sometimes share information and accounts. If the person agreed to your use, the consent element may be missing.
- Intent and knowledge: Having someone's information is not enough by itself. The State must prove you acted knowingly and with one of the intents the statute lists.
- The aggravating facts: For a class 3 charge, we look closely at whether there were really three or more victims, or whether the loss truly reached $1,000. If not, the charge may be reduced.
- Searches: We review warrants for phones, computers and accounts, and challenge searches that went beyond what the law allows.
- Mitigation: Restitution, steady work and family support can matter in negotiations and at sentencing.
Most state felonies in Maricopa County are prosecuted by the Maricopa County Attorney's Office. Certain identity cases are brought by the Arizona Attorney General's Office, often where conduct crossed county lines or a state agency investigated.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Consent is part of the charge, because the statute covers use without the other person's consent. Disputes often arise when permission was informal or later withdrawn. Talk to a lawyer before you or your relative speak with police, because each account can affect the case.
Possession can be charged, but the State must prove you knowingly possessed the information and had an unlawful intent. Where several people share a car or home, who knew about the items is often disputed. The facts of the search matter here.
You will see a judge for an initial appearance within 24 hours of arrest under Ariz. R. Crim. P. 4.1, and the judge will set release conditions. On a felony, the right to appointed counsel attaches if you cannot afford a lawyer. See what happens after an arrest for more.
Maricopa County felonies are heard in Maricopa County Superior Court at the downtown Phoenix criminal court complex, in the Central Court Building, 201 W. Jefferson St., or the South Court Tower, 175 W. Madison St. Confirm the building on your current notice. A Maricopa County felony does not go through a justice court first.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-2008: Taking identity of another person or entity; classification
- A.R.S. § 13-2009: Aggravated taking identity of another person or entity; knowingly accepting the identity of another person; classification
- A.R.S. § 13-2001: Definitions
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-901: Probation
- A.R.S. § 13-603: Authorized disposition of offenders
- A.R.S. § 13-801: Fines for felonies
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
- A.R.S. § 13-3101: Definitions
Cornell Legal Information Institute
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If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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