Being charged with Taking the Identity of Another in Arizona is a serious matter that can carry felony consequences, immigration implications, and long-term employment barriers. These cases are frequently tied to employment investigations, traffic stops, or document reviews where law enforcement assumes intent that the evidence does not support.
At Castillo Law PLLC, identity-related offenses are approached with precision—focusing on statutory elements, constitutional protections, and the real-world context surrounding the alleged conduct.
What Does “Taking the Identity of Another” Mean in Arizona?
In Arizona 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.
“Identifying information” can include:
- Name
- Date of birth
- Social Security number
- Driver’s license or state ID number
- Employment or tax-related identifiers
Employment-Related Identity Allegations
One of the most common contexts for this charge involves employment verification.
Example: Alleged Use of Another’s Identity for Employment
An individual applies for work and completes an I-9 using documents later flagged by a database or government agency. Law enforcement may allege the person knowingly used another individual’s identity to obtain employment.
What is often ignored:
• Documents may have been provided by a third party
• The accused may not have known the information belonged to a real person
• There may be no intent to harm, defraud, or assume another’s identity
• Clerical or database mismatches are common
These distinctions are critical and frequently dispositive.
Potential Penalties
Depending on the allegations, Taking the Identity of Another is a Class 4 felony, with consequences including:
- Prison or probation
- Substantial fines and restitution
- Permanent felony record
- Immigration consequences
- Loss of professional or occupational opportunities
Early intervention matters
Effective Defenses of Identity Theft Charges often include:
- Lack of intent or knowledge
- No identifiable victim
- Insufficient or speculative evidence
- Unlawful search or seizure
- Overcharging based on assumptions rather than proof
Why Castillo Law PLLC
Identity-related charges require careful handling to protect both immediate liberty and long-term consequences. Castillo Law PLLC evaluates these cases thoroughly, preserving all constitutional issues, and will challenge the State’s assumptions at every stage
Charged With Taking the Identity of Another in Arizona?
If you are facing identity theft allegations—particularly in an employment context—speak with an experienced criminal defense attorney promptly. These cases are often defensible when handled early and strategically.
