Fraud charges in Scottsdale carry severe penalties and lasting consequences. 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. Other fraud-related offenses including identity theft, credit card fraud, and check fraud are commonly charged in Scottsdale, often arising from the city’s business community, resort industry, and residential population.
Because fraud requires proof of intentional deception, these cases are highly dependent on evidence of what you knew and intended. An experienced attorney can challenge the prosecution’s evidence and protect your rights.
Attorney Josh Lopez represents clients throughout Scottsdale facing fraud allegations, with an office at 6991 East Camelback Road.
→ For comprehensive Arizona fraud law information, see: Phoenix Fraud Lawyer
Fraud Classifications and Penalties
Fraudulent Schemes and Artifices (ARS § 13-2310)
The most serious fraud charge—a Class 2 Felony regardless of amount:
| Offense | Prison Range (First Offense) |
| Presumptive | 5 years |
| Mitigated | 3 years |
| Aggravated | 12.5 years |
Check Fraud (ARS § 13-1807)
| Amount | Classification |
| Under $100 | Class 1 Misdemeanor |
| $100 – $999 | Class 6 Felony |
| $1,000 – $2,499 | Class 5 Felony |
| $2,500+ | Class 4 Felony |
Credit Card Fraud (ARS § 13-2105)
Most credit card fraud violations are Class 5 Felonies. Using counterfeit cards is a Class 4 Felony.
Identity Theft (ARS § 13-2008)
| Victims | Classification |
| 1-4 victims | Class 4 Felony |
| 5+ victims | Class 3 Felony |
| Victims 65+ or disabled | Class 3 Felony |
Common Fraud Scenarios in Scottsdale
Business and Commercial Fraud
Scottsdale’s business community generates fraud allegations involving:
- Disputes between business partners
- Allegations of misappropriated funds
- Contract disputes characterized as fraud
- Investment-related allegations
Real Estate Fraud
Scottsdale’s active real estate market sees fraud allegations involving:
- Mortgage applications
- Property transaction disputes
- Rental scams
- HOA-related disputes
Identity Theft
Residential identity theft cases arise from:
- Mail theft in residential neighborhoods
- Data breaches affecting Scottsdale residents
- Employment-related identity fraud
Resort and Tourism Fraud
Scottsdale’s tourism industry generates fraud allegations involving:
- Credit card chargebacks
- Booking and reservation disputes
- Timeshare-related allegations
Healthcare Fraud
Scottsdale’s significant healthcare industry creates allegations involving:
- Billing disputes
- Insurance claims
- AHCCCS (Arizona Medicaid) fraud
Defense Strategies
Lack of Intent to Defraud
Fraud requires knowing conduct with intent to defraud:
- Good faith belief statements were true
- Mistake about facts, not intentional deception
- No intent to deprive
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No Material Misrepresentation
The misrepresentation must be material—significant enough to influence the victim’s decision. Minor inaccuracies may not constitute fraud.
Authorization or Consent
If you had authorization to use accounts or believed you did, this may provide a defense.
Insufficient Evidence
Fraud cases often involve circumstantial evidence. Defense may focus on:
- Lack of direct evidence of knowledge
- Alternative explanations
- Witness credibility issues
Collateral Consequences
Professional Licensing
Fraud convictions typically result in denial or revocation of licenses in:
- Real estate
- Finance and accounting
- Healthcare
- Insurance
- Law
Employment
A fraud conviction makes future employment extremely difficult in any position involving financial responsibility or trust.
Immigration
Fraud is generally considered a crime involving moral turpitude (CIMT), with serious immigration consequences for non-citizens.
Serious Charges.
Frequently Asked Questions
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.
What if I intended to repay the money?
Intent to repay may be relevant to defense, but this is fact-specific. The question is whether you intended to deceive at the time of the transaction.
Can fraud charges be dismissed?
Yes. If the prosecution cannot establish knowing deception or intent to defraud beyond a reasonable doubt, charges may be dismissed or reduced.
What is the statute of limitations for fraud?
For most felony fraud, the statute of limitations is 7 years from when the offense was committed or discovered.
Can I face both state and federal fraud charges?
Yes. Many fraud schemes involve federal jurisdiction through mail, wire communications, or federally regulated institutions. Federal prosecution carries separate penalties.
How do fraud charges affect my career?
Fraud is a “crime of dishonesty” that essentially disqualifies you from positions involving money, trust, or professional licensing. The impact is severe and long-lasting.
Contact a Scottsdale Fraud Defense Attorney
Fraud charges threaten your freedom, career, and financial future. These cases often involve complex evidence and require careful defense strategy focused on intent and knowledge.
Attorney Josh Lopez defends fraud charges throughout Scottsdale.
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.
