Phoenix Fraud Lawyer
Fraud charges in Arizona encompass a wide range of conduct involving deception for financial gain—from writing bad checks to complex schemes involving hundreds of thousands of dollars. Unlike theft, fraud requires proof of intentional deception, making these cases highly dependent on evidence of what you knew and intended.
Arizona’s primary fraud statute—Fraudulent Schemes and Artifices (ARS § 13-2310)—is a Class 2 Felony regardless of the amount involved, carrying potential prison sentences of up to 12.5 years. Other fraud-related offenses carry penalties based on the value obtained or the specific conduct involved.
Attorney Josh represents clients throughout Phoenix facing fraud allegations, from check fraud and credit card fraud to complex fraudulent scheme charges.
Fraudulent Schemes and Artifices (ARS § 13-2310)
Arizona’s most serious fraud statute is ARS § 13-2310, which prohibits schemes to defraud.
Elements of the Offense
Under ARS § 13-2310, a person commits fraud if they:
- Devise or participate in a scheme or artifice to defraud
- Knowingly obtain (or attempt to obtain) money or property by means of false or fraudulent pretenses, representations, promises, or material omissions
Classification
Fraudulent Schemes and Artifices is a Class 2 Felony—the same classification as armed robbery—regardless of the amount involved.
| Offense | Classification | Presumptive (First Offense) |
| Fraudulent Schemes | Class 2 Felony | 5 years prison |
| With one prior felony | Class 2 Felony | 9.25 years prison |
| With two+ prior felonies | Class 2 Felony | 15.75 years prison |
This statute is used for large-scale fraud, ongoing schemes, and sophisticated deception—but prosecutors sometimes charge smaller-scale conduct under this statute when they believe the scheme was elaborate or ongoing.
Common Types of Fraud Charges
Check Fraud (ARS § 13-1807)
Issuing a bad check is a crime when you issue a check knowing there are insufficient funds:
| Amount | Classification |
| Under $100 (and not for wages) | Class 1 Misdemeanor |
| Any check for wages | Class 6 Felony |
| $100 to $999 | Class 6 Felony |
| $1,000 to $2,499 | Class 5 Felony |
| $2,500 or more | Class 4 Felony |
Key element: The prosecution must prove you knew the check would not be honored at the time you issued it.
Credit Card Fraud (ARS § 13-2105)
Credit card fraud includes:
- Using a stolen, forged, or canceled credit card
- Using your own card knowing it’s been revoked
- Obtaining a card through fraud
- Selling or buying stolen credit card information
| Circumstance | Classification |
| Credit card fraud (most violations) | Class 5 Felony |
| Theft of credit card | Class 5 Felony |
| Using counterfeit credit card | Class 4 Felony |
Identity Theft (ARS § 13-2008)
Taking another person’s personal identifying information to obtain goods, services, or other items of value:
| Number of Victims | Classification |
| 1-4 victims | Class 4 Felony |
| 5 or more victims | Class 3 Felony |
| Victims 65+ or with disabilities | Class 3 Felony |
Personal identifying information includes Social Security numbers, driver’s license numbers, account numbers, passwords, and biometric data.
Insurance Fraud (ARS § 20-466)
Knowingly making false claims to insurance companies or providing false information to obtain insurance benefits. Classification depends on the amount and circumstances.
Securities Fraud (ARS § 44-1991)
Fraud in connection with the sale of securities, including:
- Making untrue statements of material fact
- Omitting material facts
- Engaging in fraudulent practices
Securities fraud can be prosecuted under state and federal law.
Healthcare Fraud
Submitting false claims to insurance companies, Medicare, Medicaid, or AHCCCS (Arizona’s Medicaid program). These cases may involve both state and federal prosecution.
Mortgage Fraud
Making false statements on mortgage applications or in connection with real estate transactions. These cases often involve federal prosecution as well.
Related Financial Crimes
Theft by Deception (ARS § 13-1802(A)(3))
Obtaining property through material misrepresentation is theft. This overlaps with fraud but is classified based on value:
| Value | Classification |
| Under $1,000 | Class 1 Misdemeanor |
| $1,000+ | Felony (increasing with value) |
→ See: Phoenix Theft Lawyer
Forgery (ARS § 13-2002)
Creating, altering, or using false documents with intent to defraud. Forgery often accompanies fraud charges.
→ See: Phoenix Forgery Lawyer
Computer Tampering (ARS § 13-2316)
Accessing computer systems to commit fraud, scheme to defraud, or obtain property by fraudulent means.
Money Laundering (ARS § 13-2317)
Knowingly transacting in property derived from racketeering or illegal activity. Often charged alongside fraud when proceeds are moved or concealed.
Defense Strategies for Fraud Charges
Lack of Intent to Defraud
Fraud requires knowing conduct with intent to defraud. Defense strategies include:
- Good faith belief: You believed your statements were true
- Mistake: You were mistaken about facts, not intentionally deceptive
- No intent to deprive: You intended to repay or return property
If you believed your representations were accurate, the intent element may not be satisfied.
Lack of Material Misrepresentation
For fraud convictions, the misrepresentation must be material—meaning it was significant enough to influence the victim’s decision. Minor inaccuracies or opinions (as opposed to facts) may not constitute fraud.
Authorization or Consent
If you had authorization to use accounts, credit cards, or identities—or reasonably believed you did—this may provide a defense.
Insufficient Evidence
Fraud cases often involve circumstantial evidence about what you knew and intended. Defense may focus on:
- Lack of direct evidence of knowledge
- Alternative explanations for conduct
- Gaps in the evidence chain
- Witness credibility issues
Constitutional Violations
Evidence may be suppressed if obtained through:
- Illegal searches of financial records
- Improper subpoenas
- Miranda violations
- Coerced statements
The Fraud Investigation Process
Fraud cases often differ from other criminal matters because investigations may occur long before arrest.
Pre-Charge Investigation
Financial crimes often involve extended investigations by:
- Local police financial crimes units
- Arizona Attorney General’s Office
- Federal agencies (FBI, IRS, Secret Service)
During this phase, investigators gather financial records, interview witnesses, and build cases—sometimes for months or years.
Grand Jury Proceedings
Complex fraud cases are often presented to grand juries, which can issue subpoenas for documents and testimony.
Asset Seizure
Prosecutors may seek to freeze or seize assets they believe are connected to fraud, even before conviction.
Early Intervention
If you believe you’re under investigation for fraud, early intervention by an attorney may:
- Prevent charges from being filed
- Influence charging decisions
- Protect assets from seizure
- Preserve evidence favorable to your defense
Collateral Consequences
Professional Licensing
Fraud convictions typically result in revocation or denial of professional licenses in fields including:
- Accounting and finance
- Real estate
- Healthcare
- Law
- Insurance
Employment
A fraud conviction makes future employment extremely difficult in any position involving financial responsibility, trust, or fiduciary duty.
Immigration
Fraud is generally considered a crime involving moral turpitude (CIMT), with serious immigration consequences including deportation and inadmissibility.
Restitution
Courts typically order restitution—repayment to victims—as part of sentencing. This can amount to substantial sums that survive bankruptcy.
Federal Prosecution
Many fraud schemes involve federal jurisdiction through mail, wire communications, or federally regulated institutions. Federal prosecution carries separate and often more severe penalties.
Frequently Asked Questions
What is the difference between fraud and theft?
Theft involves taking property without consent. Fraud involves obtaining property through deception—the victim gives you the property, but only because you lied to them. Both are crimes, but fraud specifically requires proving intentional deception.
Is fraud always a felony in Arizona?
Most fraud offenses are felonies. Fraudulent Schemes (ARS § 13-2310) is always a Class 2 Felony regardless of amount. Some bad check offenses involving small amounts are misdemeanors.
Can fraud charges be dismissed?
Yes. Fraud cases often depend on proving what you knew and intended. If the prosecution cannot establish knowing deception or intent to defraud beyond a reasonable doubt, charges may be dismissed or reduced.
What if I intended to repay the money?
Intent to repay may be relevant to defense, particularly if you believed you would be able to return the money or had an arrangement the victim understood. However, this is fact-specific and must be evaluated carefully.
Can I be charged with fraud if I didn’t receive any money?
Yes. Under ARS § 13-2310, attempting to obtain money through a fraudulent scheme is a crime even if the scheme was unsuccessful.
What is the statute of limitations for fraud?
For most felony fraud offenses, the statute of limitations is 7 years from when the offense was committed or discovered, whichever is later. This extended period reflects that fraud may not be discovered immediately.
Contact a Phoenix Fraud Defense Attorney
Fraud charges threaten your freedom, your career, and your financial future. These cases often involve complex evidence and require careful defense strategy focused on intent, knowledge, and the specific elements of each offense.
Attorney Josh defends fraud charges throughout Phoenix and Maricopa County, from check fraud to complex financial schemes.
Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Call (480) 386-1824 or complete the contact form to schedule your free consultation.