Fraudulent Schemes Attorney
Generally, in Arizona to convict a defendant of fraudulent scheme charges, the prosecution requires the following proofs:
- You used false or fraudulent pretenses, representations, promises, or material omission; and
- You acted pursuant to a scheme or artifice to defraud: and
- As the result of the actions above, you obtained any material benefit.
The term “defraud” refers to a plan to mislead another person in order to gain some material benefit or to induce someone or entity to part with property.
The Arizona courts and prosecution take firm stances on persons who are charged and convicted of fraudulent schemes.
AZ Theft Laws - Fraudulent Schemes
The Arizona State laws regarding fraudulent schemes under A.R.S. 13-2310 reads in part as follows:
A person may in violation of a Class 2 Felony, under A.R.S. 13- 2310 of A Arizona’s Fraudulent Schemes Laws if with knowledge they benefit from a scheme or trick to defraud another person of tangible and intangible property, goods, or services.
Fraudulent schemes include material promises, representations, and material omissions.
The person may be found guilty whether or not the victim relied on the fraudulent pretense, representation, or omission.
Generally the higher the value of benefit from the fraud or scheme the more severe the penalties. For example a person who is found guilty of fraud or schemes with benefit of a value of $100,000 or more, is limited to or not eligible for certain alternatives to prison sentencing including probation, pardon’s or early release.
Theft Penalties in Arizona - Fraudulent Schemes
In Arizona, a conviction for Fraudulent Schemes often results in a sentence of jail or prison. A Class 2 felony exposes you to a prison term up to an aggravated sentence of 12.5 years. Sentencing is determined by the Judge and victim’s statements. The facts of the case may persuade the Judge to give an aggravated term.
The law restricts benefit acquired through fraudulent schemes value of one hundred thousand dollars or more is not eligible for suspension of sentence. This means the defendant would not be eligible for probation, and a prison sentence is mandatory.
AZ Theft Attorney for Fraudulent Schemes Charges
Arizona Fraudulent Schemes charges are very serious. If you have been charged with fraudulent schemes in Arizona, you should consult a criminal defense attorney as soon as possible in Arizona, and the jurisdiction which you were charged to discuss defense options. An experienced Theft Defense attorney for Fraudulent Schemes will evaluate your charges and provide for the best defense for your situation. It is important to start this early, to enable your AZ criminal attorney to defend your rights, build a defense, and obtain the best outcome in your case.
Call today for your FREE Consultation with an aggressive and experienced Arizona Fraudulent Schemes defense and Theft defense law firm. Call today and speak directly with James Novak, AZ criminal defense and fraudulent schemes attorney (480) 413-1499 as soon as possible.