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There is a tremendous amount of personal information in cyberspace. Identity theft and forgery are not new crimes, but they are much more prevalent and publicized in our current era of high-speed communication via the internet. If you have been accused of a forgery or identity theft crime, you need an aggressive lawyer on your side to protect your rights and help you fight to avoid conviction. The Phoenix identity theft & forgery crimes lawyers at AZ Defenders will do everything possible achieve the best possible outcome for your case.
According to the Federal Trade Commission, in a recent year, there were 371,061 reports from consumers of identity theft in the United States. There were 8,330 reports of identity theft in Arizona alone. In an effort to quell the growing number of identity theft and forgery cases, law enforcement agencies and state and federal prosecutors treat these cases very seriously and come down hard on the accused. While you are innocent until proven guilty, the Arizona criminal justice system is particularly tough, and the prosecutor will be aggressively pursuing a conviction.
It is important to get help early on in your case from an experienced Phoenix theft attorney to protect your rights and seek a favorable outcome, whether in negotiating a dismissal, reduced charge, or another benefit. Our dedicated criminal lawyers will guide you throughout every phase of the process, including in an investigation, during interviews or questioning with the police. We will seek out the weaknesses in the case against you and craft a strong case for your defense.
Under Arizona criminal law, forgery is, with an attempt to defraud, to falsely make, complete or alter a written instrument; knowingly possess a forged instrument; or offer or present a forged instrument or one that contains false information. Possessing five or more forged instruments may infer that there is intent to defraud. This crime can include credit card fraud, or any other variety of stolen identity. Forgery is classified as a felony and a conviction could result in a lengthy jail sentence.
Arizona law delineates identity theft as to knowingly take, purchase, manufacture, record, possess, or use any personal identifying information of another person or entity without the consent of that other person or entity, for an unlawful purpose or to cause loss. This can also include types of credit card fraud. It doesn’t matter whether the actual loss was a result of the theft or not. Identity theft is also classified as a felony.
Taking Identity of Another Person or Entity
(Per Arizona Revised Statute § 13-2008)
This offense is a Class 4 Felony which occurs when 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.
Aggravated Taking Identity of Another Person or Entity
(Per Arizona Revised Statute § 13-2009)
Trafficking in the Identity of Another Person or Entity
(Per Arizona Revised Statute § 13-2010)
Trafficking in the identity of another person or entity is a Class 2 Felony offense which occurs when a person commits trafficking in the identity of another person or entity if the person knowingly sells, transfers or transmits 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 the other person or entity for any unlawful purpose or to cause loss to the person or entity whether or not the other person or entity actually suffers any economic loss, or allowing another person to obtain or continue employment.
These are not the only possible charges for offenses involving alleged identity theft or forgery. Arizona law also prohibits the following criminal activities:
No matter what type of charge you are facing in this category of criminal law, contact our defense attorneys to help you avoid the worst possible penalties.
If you have been arrested for identity theft or forgery in Phoenix, you could be facing severe potential penalties. The city does not hold back in punishing defendants for these crimes, as they wish to deter others from committing similar offenses in the future. If you are convicted, your sentence can vary drastically based on the severity of the incident and harm caused, your criminal background, and the level of the charge.
Identity theft is typically charged as a class 4 felony in Arizona. The possible punishments for this crime include up to 3 years in jail (with a minimum sentence of 1.5 years), a fine of up to $150,000 and restitution given to victims. Aggravated identity theft is a class 3 felony, with penalties of 2.5 to 7 years in jail and a fine of up to $150,000. Identity trafficking is a class 2 felony, with a minimum of 4 years to 10 years in jail and a fine of up to $500,000.
A conviction for forgery in Arizona is typically classified as a class 4 felony. This can result in a jail or prison sentence of 1.5 to 3.75 years if the offense was non-dangerous, or longer if it was a dangerous forgery offense (up to 8 years). Other penalties may include fines, community service, restitution and probation.
A second or subsequent forgery conviction after the first could result in more than seven years in prison. If the forgery occurred in connection to procuring a drop house (a house used to assist in smuggling), it is a class 3 felony punishable by almost nine years in state prison. The penalties may differ for other related offenses, such as criminal impersonation, burglary or perjury.
An attorney from AZ Defenders will carefully review your identity theft or forgery case and custom-tailor the best possible defense for your charge(s) and circumstances. The right defense strategy for you will depend on the case, such as your criminal background and the evidence the prosecution has against you. Possible defense options may include:
Forgery is a “wobbler” crime in Arizona, meaning it could be classified as a misdemeanor or felony, depending on the facts of the case. Your lawyer may be able to have your charges reduced to a lesser classification to decrease the penalties you could be facing. A defense attorney may also argue against the charges and have the case dismissed entirely. Another possibility is arranging a plea bargain for reduced penalties for forgery or identity theft.
Do not hesitate to contact an identity theft and forgery defense attorney if you are facing either or both of these charges. The right criminal defense lawyer in Arizona will work hard to achieve the best possible results for your criminal case. Your lawyer can take over challenging legal processes for you, such as pretrial conferences, negotiations with the prosecution, investigation and discovery, and a criminal trial. You can trust your attorney to aggressively protect your rights and best interests throughout the criminal justice process.
The identity theft and forgery lawyers at AZ Defenders understand that people make mistakes and we work hard to make sure that it doesn’t ruin your future. If you have been charged with identity theft or forgery crimes, contact our Phoenix office for a free consultation on your case and our strategies for your defense.