Phoenix Fraud Defense Attorney

Accused of Committing Fraud in Arizona?

A fraud crime is defined as a crime that is committed for financial gain in some manner through the use of deception. Although normally occurring in the business world, they can also occur in cases such as bribery or identity theft. Many of these crimes occur in areas having to do with finance, such as in banking, accounting or sales.

What is a Fraud Crime in AZ?

Arizona Penalties for Fraud

Arizona has varying penalties for fraud crimes based on their severity. While fraud doesn't usually involve violence, it can still result in significant penalties, including up to 30 years in prison and fines. Fraud crimes can be either misdemeanors or felonies, with more serious offenses typically being felonies.

Some typical penalties include:

1. Class 2 Felony (Severe fraud): 3 to 12.5 years in prison, plus fines and restitution.
2. Class 3 Felony: 2 to 8.75 years in prison, along with fines and restitution.
3. Class 4 Felony: 1 to 3.75 years in prison, plus fines and restitution.
4. Class 5 Felony: 0.5 to 2.5 years in prison, fines, and restitution.
5. Class 6 Felony: 0.33 to 2 years in prison, with fines and restitution.
6. Misdemeanors (minor fraud): Jail time up to 6 months, fines up to $2,500, and restitution.

Fraud convictions also typically involve the payment of restitution to the victims, probation, and community service, and may lead to a loss of professional licenses or permanent damage to one’s reputation. Penalties may increase for repeat offenders.

Is Fraud a Federal Crime?

Yes, fraud can be a federal crime depending on the circumstances. Because fraud crimes can occur anywhere, especially if involving the internet, some are charged at the federal level while others are charged at the state level. Whenever a fraud crime is against the government, such as counterfeiting, it will be considered a federal crime. However, crimes that cross state lines, such as one originating in Phoenix but committing a fraudulent act against someone in another state, is also considered a federal crime.

Common types of fraud prosecuted at the federal level include:

• Mail fraud: Using the postal service to commit fraud.
• Wire fraud: Using electronic communications (like phone or internet) to defraud.
• Bank fraud: Defrauding financial institutions insured by the federal government.
• Securities fraud: Deceptive practices in the stock or commodities markets.
• Tax fraud: Cheating the federal tax system.
• Health care fraud: Fraud in Medicare, Medicaid, or other federal healthcare programs.

Possible Defenses for Fraud Crimes

The following are possible defenses for fraud offenses, including but not limited to:

• Insufficient evidence – You must be proven guilty beyond a reasonable doubt, which is not possible if there is not enough evidence against you. We can help determine whether the evidence presented is sufficient enough to convict you.
• Absence of intent to commit a crime – Intent is essential in proving fault, as there may be accidental instances of supposedly fraudulent activity. For this reason, there must be a proven intent, which isn’t always possible.
• Non-fraudulent statement – Non-fraudulent statements will likely not hold up in a court of law. Opinions and various false statements cannot be regarded as fraud unless they relate to an existing fact, not simply the future.
• Entrapment – If you have been coerced, manipulated, or otherwise tricked into committing a crime you would otherwise not have committed, this can be considered entrapment and thus is not a valid basis on which to convict you.

Phoenix Attorney Handling Fraud Crimes in AZ

When facing a fraud crime, there are many intricacies to consider in your defense. If you face federal charges, the FBI could become involved, raising the level of investigation to a higher bar. When you hire this firm, you can rely on the fact that these attorneys are experienced and committed to mounting the best possible defense on your behalf. With personalized attention, your attorney will work diligently with you and the criminal justice system to negotiate the best possible terms for your case.