Identity Theft Lawyers in Phoenix, AZ

Understanding Identity Theft in Arizona Law

Identity theft is a significant criminal offense in Arizona, involving the unauthorized use of another person’s personal information for fraudulent purposes. Feldman & Royle, with their expertise in Arizona law, emphasizes the importance of understanding the legal definitions and implications of identity theft, as it can lead to severe legal consequences. This offense is part of white collar crimes, which also includes Theft by Extortion, Counterfeiting, and Forgery, all of which can result in serious penalties under Arizona law.

Identity Theft under Arizona Law

In Arizona, identity theft is defined as knowingly taking or using another person’s personal identifying information without consent for any unlawful purpose. This can include credit card fraud, obtaining goods or services under false pretenses, or even creating false identities. Feldman & Royle point out that the law covers a broad range of activities, and understanding these is crucial for anyone facing identity theft charges.

Key Defense Strategies for Identity Theft Cases

Defending against identity theft charges hinges on systematically challenging the prosecution’s ability to prove the required elements of the crime, particularly the specific intent to defraud and the lack of authorization. A successful defense strategy focuses on the following critical points:

1. Lack of Intent to Defraud (Challenging Mens Rea)

The defense argues the client lacked the specific criminal intent to defraud. Their actions were the result of an accident, a genuine mistake, or a misunderstanding, not a deliberate criminal plan.

• Argument: The State cannot prove the client acted knowingly and willfully to defraud.
• Evidence Focus: Communications showing a belief of legitimacy; documentation demonstrating no criminal or financial motive.

2. Consent from the Alleged Victim (Removing “Unlawful Authority”)

Identity theft requires the use of information to be unauthorized. The defense asserts the client was authorized, or reasonably believed they were authorized, to use the personal or financial data, thus negating the “unlawful authority” element.

• Argument: The use of the information was permissible, removing a core element of the crime.
• Evidence Focus: Documentation or testimony establishing a permissive relationship or prior shared access to accounts.

3. Mistaken Identity

In cases involving digital evidence, the defense asserts the State has simply charged the wrong person. Due to shared devices, public networks, or complex schemes, the electronic trail does not definitively link the criminal act to the client.

• Argument: The prosecution cannot prove, beyond a reasonable doubt, that the client was the perpetrator.
• Evidence Focus: Alibi Evidence (records, witnesses) or a Digital Forensics Challenge showing technical evidence (like an IP address) is not exclusively tied to the defendant.

4. Insufficient Evidence (Challenging the Burden of Proof)

This argument challenges the overall strength of the State’s case, asserting the prosecution has failed to meet the constitutional burden of proof beyond a reasonable doubt.

• Argument: The totality of the circumstantial evidence is inadequate and leaves room for reasonable doubt.
• Evidence Focus: Exposing gaps in the Chain of Custody for digital or physical evidence and challenging the methodology and reliability of the State’s forensic experts.

By successfully arguing the lack of specific criminal intent, establishing a foundation of consent or authorization, proving mistaken identity through sophisticated forensic and alibi evidence, and holding the prosecution’s evidence to the highest constitutional standard of proof beyond a reasonable doubt, the defense systematically dismantles the elements of the crime.

Identity Theft Defense Attorney in Arizona

Defenses in identity theft cases can include challenging the evidence of intent, proving the use of information was authorized, or demonstrating a lack of knowledge that the information belonged to someone else. Our experienced identity theft defense lawyer at Feldman & Royle focuses on building a strong case that contests the prosecution’s claims and seeks to protect the accused’s rights and reputation.

Why Choose Feldman & Royle for Identity Theft Charges?

At Feldman & Royle, our identity theft attorneys in Phoenix understand that an identity theft charge can damage more than just your record — it can threaten your reputation, career, and future opportunities. Our team brings the experience, strategy, and discretion needed to defend you against these complex allegations.

What sets us apart:

• Former Prosecutors on Your Side – We know how the state investigates and prosecutes identity theft cases, from financial records to digital trails. That insider knowledge allows us to anticipate their moves and build a strong defense to counter them.
• Strategic Defense from Day One – Identity theft cases often involve layered evidence and multiple charges. We work early to negotiate with prosecutors, seek dismissals or charge reductions, and prepare a courtroom-ready defense should your case go to trial.
• Meticulous Review of Financial & Digital Evidence – Bank statements, transaction records, online activity, and device forensics are central to these cases. We scrutinize every piece of evidence, uncover weaknesses, and challenge the assumptions the prosecution makes.
• Confidential, Personalized Support – Allegations of identity theft carry a heavy stigma. We handle every case with the utmost discretion, ensuring your privacy is protected while giving you clear, judgment-free guidance throughout the process.

At Feldman & Royle, we don’t just defend against charges — we protect your future, your reputation, and your peace of mind.