Identity Theft

Identity Theft in Arizona: Everything You Need to Know

The advancement of technology has brought a level of convenience to our lives that is entirely different from the world of just twenty years ago. While this brings a tremendous boon to many, the blessing can be a curse as well. Without taking exceptional care, and being incredibly vigilant and cautious, you run the risk of having your personal information compromised and exposed. This can ultimately put you in danger of having your identity stolen.

Identity theft can have so many negative results, it can completely change your life. It can even result in you needing to go to court to prove the theft and applying for a new social security number. Frequently, someone who has stolen another person’s identity will attempt to do things they cannot or would not do, either with, or to, their own credit cards, bank accounts, and even social security number. The damages they can cause you can be enormous. They can literally ruin your entire life and financial reputation.

What Is Identity Theft?

The Arizona legislature defines identity theft as “A person commits taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses, or uses any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person's or entity's identity for any unlawful purpose or to cause loss to a person or entity whether or not the person or entity actually suffers any economic loss as a result of the offense, or with the intent to obtain or continue employment.” The identity theft law covers all possession and use of confidential personal information that can be used in the commission of identity theft.

Possible Penalties Upon Conviction

Taking another person’s or entity’s identity is prosecuted as a class 4 felony in Arizona, and can be prosecuted by either the county or the state. Identity theft comes with a presumptive penalty of 2.5 years, which can be increased or decreased based on the circumstances of the charges.

The charges can be increased to aggravated identity theft, a class 3 felony with a presumptive penalty of 3.5 years in prison. This can happen if the alleged offender stole the identity of 5 or more people, or by causing more than $3,000 in financial losses to a single person.

The prosecution can increase the severity even further if the suspect is accused of trafficking in confidential personal information or selling information without the victim’s consent. This elevates the offense to a class 2 felony, with a default term of 5 years in prison.

Federal charges can even be brought if the alleged perpetrator crossed state lines to commit the theft or fraud, or acquired the victim’s identity or other information via the internet. Federal charges can be the most severe, with prison sentences stretching anywhere from 5 years up to 30 years.

What Do Thieves Do With Stolen Identities And Other Confidential Information?

Depending on what sort of information was involved in the breach, and how it is being used, the thieves have many options for making money at your expense. Some of these can be used in the commission of other crimes, sometimes even making it look like you were involved. Common ways your confidential personal information can be used include:

• Stealing your credit card, or taking new cards out in your name is one of the most prevalent ways your personal information can be abused. This is the most common thing people think of when they think of identity theft, and for good reason. Credit card fraud is one of the most common ways that criminals use your information against you.
  
  By imitating you online, thieves can often rack up thousands of dollars on your current credit cards before you are able to realize what is happening. Sometimes, they even take your credit card information and “clone” your card, going on to use it in person at many locations.
  
  Additionally, with enough of your personal information, persistent criminals can even take out new credit cards in your name that can take you weeks, months, or even years to find out about. Sometimes people do not even find out about these types of crimes until they apply for an auto loan or a home loan, and a credit report pull shows the account.
• Payday loans are another popular way of using stolen information to make illicit funds. Criminals will steal info like your social security number, and when combined with the information on any number of online background report sites, can create countless online payday loan applications. This can quickly create many thousands of dollars in loans and interest charges. These are often the target of criminals since they do not rely on a credit check, which may alert the victim.
• Opening fraudulent bank accounts are another very dangerous way that criminals use your information in the process of committing other crimes. Not only will a bank account allow them to apply for various lines of credit and various loans, but often they will use that account to receive stolen funds from other sources. This means if you do not catch it as quickly as possible, you could be the alleged owner of a bank account that was used in the commission of multiple other crimes of fraud and theft.

What Should I Do If I Suspect My Identity Has Been Stolen?

As soon as you suspect you are the victim of identity theft, you should follow the steps outlined here. Notify your banks and credit card issuers as soon as possible, then begin reporting the crime to the appropriate authorities.

The first step is to report the identity theft to the Federal Trade Commission online at their Identity Theft site, or by phone. You should also report the crime to your local authorities if you know the thief, if your information was given falsely by someone during an investigation, or if your creditors or banks require a police report for their processes. There are also specialized reporting channels for both medical identity theft and tax identity theft.

What Should I Do If I Am Being Charged With An Identity Theft Charge?

Being accused of identity theft can certainly catch you off-guard. If you are charged with identity theft, one of the first things you should do is contact a criminal defense attorney. After that, you should become familiar with the identity theft laws in Arizona so you know what to expect as the process continues.

If you have been charged with identity theft, you should expect a criminal investigation to proceed. You do not want to be caught in court without an experienced attorney. You are welcome to represent yourself, however, lawyers are familiar with the laws and are experienced in defending their clients. By working with an attorney familiar with identity theft defenses, you will give your case the best chance at dropped or reduced charges. When your freedom may be at stake, don’t try to cut corners, work with a qualified defense lawyer.