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A.R.S. § 13-2008 defines identity theft as a person who knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of another person or entity without the consent of that other person or entity intending to obtain or use the other person's or entity's identity for any unlawful purpose, cause loss to a person or entity or obtain or continue employment.  Identity theft is a Class 4 felony punishable by 1 to 3.75 years in prison for a first time felony offense.

“Beating an identity theft charge is not impossible—I’m up for the challenge.”

  Lisa Witt

18 U.S.C. § 1028A divides aggravated identity theft into two categories:  identity theft knowingly committed in connection with any other federal felony or misdemeanor concerning all types of theft, fraud, citizenship, passports, visas, immigration, nationalization, or social security and identity theft knowingly committed in connection with any felony terrorism offense.  The first category is punishable by a term of 2 years in prison, the second by 5 years in prison.  The prison term must be consecutive to any other prison term imposed on the person although the court may in its discretion impose the prison term concurrent to any other prison term imposed.



A charge of identity theft carries serious consequences.  Lisa is a detail-oriented defense attorney who will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:


  • Act described is not identity theft:  The act described in the indictment may not fit the statutory definition of identity theft.


  • Suppression of government’s evidence:  The government may have violated your constitutional rights or otherwise behaved illegally when obtaining evidence or your confession.


  • Lack of intent:  You may not have the intent required to prove identity theft.


  • Government witnesses are wrong or not telling the truth.

“I’m an expert in poking holes in the prosecution’s evidence.”

  Lisa Witt

  • Missing or tainted evidence:  Sometimes the government’s evidence is missing or tainted.


  • Impossibility of government’s story:  The government’s story may be impossible based on the timeline or other evidence.


  • Insufficiency of government’s evidence:  The government may have insufficient evidence to prove identity theft beyond a reasonable doubt.


  • Reduction in number of counts: Each count of your indictment should concern a separate criminal act or victim and not be parts of the same identity theft.


  • Police misconduct:  There may be police misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.


  • Prosecutorial misconduct:  There may be prosecutorial misconduct in disclosing the evidence, interviewing victims and witnesses, and in the general course of your case.


  • Possible other defenses to identity theft:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa employs logical, bottom line analysis while thinking outside the box so she may come up with a novel defense that no other attorney has thought of before.


If you or a loved one is facing a charge of identity theft, it’s very important to hire a thorough, intelligent and passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona identity theft defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

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