How Can You Prove Your Identity Has Been Stolen?

People often learn their identity has been stolen when they are contacted about abnormal charges on credit or debit cards, discover unfamiliar accounts on their credit report or are told someone else has already filed their tax return.

Being the victim of identity theft can have devastating consequences, including financial losses, damaged credit and immense stress. In Arizona (and the U.S. in general), identity theft is a crime. This means the person committing the act may face jail time, fines and restitution payments.

If you’ve been charged with identity theft in Arizona, be sure to protect your rights and interests by hiring a criminal defense lawyer who has successfully handled such cases. If you believe you’ve been the victim of identity theft, you should report it to the government right away.

What Is Identity Theft?

Identity theft is a type of fraud that involves stealing and using someone’s personal information, such as their name or Social Security number, without their knowledge or permission. This stolen information is then used to commit fraud or other crimes in the victim’s name.

Examples of identity fraud include:

• Stealing someone's credit card information and using it to make purchases
• Using someone else's Social Security number to open a bank account or apply for a loan
• Creating a false identity with fake documents to obtain government benefits or services
• Taking out a loan in someone else's name and not paying it back
• Using another person's identity to rent an apartment or buy property
• Falsifying medical records or insurance claims in someone else's name
• Applying for jobs using another person's identity and work history information

The scenarios above are the most common illustrations of identity theft. However, there are several other instances when the person committing the act may not realize they’re doing something illegal.

You may not realize you’re breaking the law if you:

• Transfer funds from an account you’re not the holder of to another (even if it’s someone you know and believe have permission to do)
• Forge a signature on a check
• Make purchases using a family member’s funds
• Withdrawing funds from someone else’s account

Unless you’ve been given explicit permission, using someone else’s funds, even if they’re your friend or family, is illegal.

What Are the Consequences of Stealing Someone’s Identity in Arizona?

In Arizona, identity theft is a class 4 felony offense. If convicted, you can face up to 2.5 years in prison and/or a fine of up to $150,000.

You may also be required to pay restitution to the victim for any financial losses incurred as a result of the crime.

Additionally, victims of identity theft have the right to file civil charges against their perpetrator. This means that aside from a criminal conviction, you may be ordered to pay damages for any financial losses or emotional distress caused by the theft.

Legal Defense for Identity Theft Charges in Arizona

If you have been charged with identity theft in Arizona, it is important to seek legal representation as soon as possible. Identity theft is a serious crime that can carry severe penalties, including jail time and hefty fines. An experienced criminal defense attorney can help you understand the charges against you and develop a legal defense strategy to protect your rights.

Falsely Accused

It’s not uncommon for people to falsely accuse others of things they didn’t do. Let’s say you received a neighbor’s mail and opened it without realizing it was sent to your address.

If your neighbor now claims you stole their information, this is obviously a false accusation, as you made an honest mistake and never intended to commit fraud.

Mistaken Identity

This defense may be used if there is evidence that someone else committed the crime or if there is evidence that you were not actually involved in the crime. For example, if someone else had access to your personal information and used it without your knowledge or consent, then you may be able to argue that you were not responsible for the crime. Additionally, if there are discrepancies in the evidence or witnesses’ accounts of what happened, then this could be used as a basis for a mistaken identity defense.

Lack of Intent

Identity theft requires an intent to commit fraud or other illegal activity with someone else’s personal information. If there is no evidence that you intended to commit fraud or any other illegal activity with someone else’s personal information, then this could be used as the basis for a lack of intent defense.

Alibi

An alibi is an excuse or proof that someone was somewhere else when an alleged crime was committed. It is used to prove that the person accused of the crime could not have been the perpetrator. If you can provide evidence that proves that you were somewhere else at the time of the alleged act of identity theft, then this could be used as a basis for an alibi defense.

Discuss Your Case with an Experienced Identity Theft Lawyer in Phoenix

If you’ve been charges with identity theft in Phoenix, Arizona, it is important to speak with an experienced identity theft lawyer. Accomplished theft crime defense attorney Michael Alarid III can help you understand your rights and build a compelling defense tailored to your unique situation.

To schedule your consultation, call the Law Office of Michael Alarid III at (602) 818-3110.