Mesa Fraud Lawyer
Fraud charges encompass a wide range of deceptive conduct designed to obtain money, property, or other benefits through misrepresentation. 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 up to 12.5 years. Mesa’s substantial business community, residential areas, and retail environment generate fraud cases including identity theft, check fraud, credit card fraud, insurance fraud, and business-related fraud allegations.
Attorney Josh Lopez represents clients throughout Mesa facing fraud allegations.
→ For comprehensive Arizona fraud law information, see: Arizona Fraud Laws
Fraudulent Schemes and Artifices (ARS § 13-2310)
Arizona’s primary and most serious fraud statute prohibits:
“Pursuant to a scheme or artifice to defraud, knowingly obtain any benefit by means of false or fraudulent pretenses, representations, promises or material omissions.”
Elements the Prosecution Must Prove
- Scheme or artifice to defraud — A plan or pattern of deceptive conduct
- Knowingly — Awareness of the deceptive nature of the conduct
- Obtain benefit — Money, property, services, or other advantage
- False or fraudulent — Misrepresentation, false promise, or material omission
Classification and Penalties
Class 2 Felony — Regardless of dollar amount involved
| Sentence (First Offense) | Prison Range |
| Mitigated | 3 years |
| Presumptive | 5 years |
| Aggravated | 12.5 years |
This is one of Arizona’s most serious property crimes. Unlike theft, the felony classification does not depend on the dollar amount—even small-value fraud is a Class 2 Felony.
Prior Felony Enhancement
| Prior Felonies | Sentence Range |
| 1 prior | 4.5 – 23.25 years |
| 2+ priors | 10.5 – 35 years |
Identity Theft (ARS § 13-2008)
Taking or using another person’s personal identifying information without consent, with intent to obtain or use for any unlawful purpose.
Personal Identifying Information Includes
- Social Security numbers
- Driver’s license numbers
- Bank account numbers
- Credit and debit card numbers
- Dates of birth
- Biometric data
- Digital signatures and passwords
Classifications Based on Victim Count
| Number of Victims | Classification | Prison Range |
| 1-4 victims | Class 4 Felony | 1.5 – 3.75 years |
| 5+ victims | Class 3 Felony | 2.5 – 8.75 years |
| Victims 65+ or disabled | Class 3 Felony | 2.5 – 8.75 years |
Check Fraud (ARS § 13-1807)
Issuing a check knowing there are insufficient funds to cover it.
Classifications by Amount
| Amount | Classification | Penalty |
| Under $100 | Class 1 Misdemeanor | Up to 6 months jail |
| $100 – $999 | Class 6 Felony | Up to 2 years prison |
| $1,000 – $2,499 | Class 5 Felony | Up to 2.5 years prison |
| $2,500+ | Class 4 Felony | Up to 3.75 years prison |
Elements
- Issued check for payment
- Knew at time of issuance that funds were insufficient
- Intent to defraud recipient
Presumption of Knowledge
Knowledge of insufficient funds is presumed if:
- Issuer had no account with the bank, OR
- Payment was refused for insufficient funds AND issuer failed to pay within 12 days of written notice
Credit Card Fraud (ARS § 13-2105)
Using a credit card obtained or retained illegally, or using a card known to be forged, expired, or revoked.
Classification: Class 5 Felony (6 months – 2.5 years prison)
Related Credit Card Offenses
| Offense | Statute | Classification |
| Fraudulent use of credit card | ARS § 13-2105 | Class 5 Felony |
| Possession of credit card forgery devices | ARS § 13-2109 | Class 5 Felony |
| Receipt of proceeds from fraud (under $1,000) | ARS § 13-2108 | Class 1 Misdemeanor |
| Receipt of proceeds from fraud ($1,000+) | ARS § 13-2108 | Class 6 Felony |
Insurance Fraud (ARS § 20-463)
Making false statements or concealing material information in connection with insurance claims or applications.
Types of Insurance Fraud
- Filing false claims for losses that didn’t occur
- Inflating legitimate claims
- Staging accidents or incidents
- Providing false information on insurance applications
- Healthcare billing fraud
Classification: Class 5 Felony (6 months – 2.5 years)
Common Fraud Scenarios in Mesa
Business Fraud
Mesa’s commercial environment generates fraud allegations involving:
- Partner disputes with misappropriation claims
- Contract fraud allegations
- Billing and invoicing schemes
- Vendor fraud
- Employee embezzlement
Identity Theft
Identity theft in Mesa neighborhoods often involves:
- Mail theft from residential mailboxes
- Data breach exploitation
- Employment-related identity fraud
- Tax refund identity theft
- Medical identity theft for insurance purposes
Real Estate and Rental Fraud
Mesa’s active housing market generates:
- Mortgage fraud allegations
- Rental scams (fake landlords)
- Title fraud schemes
- Investment property fraud
Consumer Fraud
- Advance fee schemes
- Contractor and home improvement fraud
- Investment scams
- Online marketplace fraud
Defense Strategies
Lack of Intent to Defraud
Fraud requires knowing deception with intent to defraud:
- Good faith belief that statements were true
- No intent to deceive the victim
- Mistake of fact about circumstances
- Legitimate business dispute rather than criminal fraud
No Material Misrepresentation
The misrepresentation must be material—significant enough to affect the victim’s decision:
- Statement was actually accurate
- Omission wasn’t material to the transaction
- Victim wasn’t actually deceived
- Victim didn’t rely on the misrepresentation
Authorization
For identity theft and credit card fraud charges:
- Had permission to use account or information
- Reasonable belief of authorization
- Acting within scope of employment or agency authority
Insufficient Evidence
Fraud cases often rely on circumstantial evidence:
- No direct evidence of fraudulent knowledge
- Alternative innocent explanations exist
- Witness credibility issues
- Document authenticity questions
Constitutional Violations
- Illegal search leading to evidence discovery
- Miranda violations during questioning
- Improper interrogation techniques
- Fourth Amendment violations
Collateral Consequences
Crime of Dishonesty
Fraud is a “crime involving moral turpitude” with severe long-term consequences far beyond the criminal sentence:
Employment:
- Automatic disqualification from financial positions
- Background check failures
- Loss of positions involving trust or fiduciary responsibility
- Government employment bars
- Security clearance denial or revocation
Professional Licensing:
- Denial of new professional licenses
- Revocation of existing licenses
- Affects: legal, accounting, financial services, real estate, healthcare, insurance, education
Immigration:
- Deportation (removal) proceedings
- Inadmissibility to United States
- Denial of naturalization
- Visa revocation
Civil Liability
Criminal prosecution doesn’t prevent:
- Civil lawsuits by victims
- Restitution orders (often substantial)
- Asset seizure and forfeiture
- Regulatory penalties
Mesa Courts
Mesa Municipal Court
Location: 225 E. Main Street, Mesa, AZ 85201
Handles limited misdemeanor fraud-related offenses arising in Mesa, including some bad check cases under $100.
Southeast Regional Superior Court
Location: 222 E. Javelina Avenue, Mesa, AZ 85210
Handles felony fraud charges including Fraudulent Schemes, identity theft, felony check fraud, and credit card fraud.
Frequently Asked Questions
Is fraud always a felony in Arizona?
Most fraud offenses are felonies. Fraudulent Schemes and Artifices (ARS § 13-2310) is always a Class 2 Felony regardless of the amount involved. Bad check offenses under $100 are the primary exception (Class 1 Misdemeanor).
What makes fraud different from theft?
Fraud involves deception—obtaining property or benefit through false pretenses, misrepresentations, or material omissions. Theft involves taking property directly without necessarily using deception. Many cases involve elements of both offenses.
Can I be charged with both state and federal fraud?
Yes. Many fraud schemes involve federal jurisdiction through use of mail, wire communications (phone, internet), or federally regulated financial institutions. Federal charges carry separate penalties and often include mandatory minimum sentences.
What if I intended to pay the money back?
Intent to repay may be relevant to your defense but doesn’t automatically negate fraud charges. The critical question is whether you intended to deceive at the time of the transaction.
How long can prosecutors wait to charge fraud?
The statute of limitations for most felony fraud is 7 years from when the offense was committed or discovered. Complex fraud schemes may be discovered years after the conduct.
Will fraud affect my professional license?
Almost certainly yes. Fraud is a crime of dishonesty that typically results in denial or revocation of professional licenses across virtually all regulated fields.
Contact a Mesa Fraud Defense Attorney
Fraud charges threaten your freedom, career, professional licensing, and financial future. The consequences extend far beyond potential prison time, creating permanent barriers to employment, licensing, and immigration benefits.
Attorney Josh Lopez represents clients facing fraud allegations throughout Mesa.
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004
Call (480) 386-1824 for a free consultation.