Theft & Fraud Crimes Overview
The consequences in Arizona for fraud and theft crimes can be devastatingly severe. The outcomes can include fines in the thousands of dollars, civil penalties, and lengthy incarceration. Being informed on the classifications with Arizona's laws will better help you if you, or someone you know, is faced with a fraud or theft crime.
With the Law Office of Michael Alarid III, we will help guide you to understand the importance of this knowledge to maximize the best possible defense for your case. You will need to make critical decisions through the entire process of the criminal justice system to protect your rights. Below you will learn about the classifications of theft and fraud crimes and how they are broken down in Arizona, along with the defenses.
Arizona's Theft Crimes Breakdown
The charges for theft crime is not a simple charge that includes every situation. There are different ranges in the theft crimes, and they all have different punishments. If you have been convicted of a crime in the past, your case could cause a harsher penalty.
A misdemeanor is a charge for anyone who has stolen services or property under $1000.
Description of a Theft Crime
Theft is a crime that involves taking, using, or keeping another individual's property without authority. The Arizona courts may base the punishments on the total value of the items that were stolen.
For example, anything ranging from $1,000-$2,000 is a Class 6 felony that can lead up to two years in prison, while the laws consider anything less than $1,000 to be a misdemeanor. Let's inspect the differences between a felony theft and a misdemeanor theft charge. ARS 13-1802
Misdemeanor Theft Crime
Arizona statutes consider a misdemeanor a Class 1 crime. A misdemeanor is a charge for anyone who has stolen services or property under $1000. In most cases, the statute of limitations, or length of time, for law enforcement to bring charges for a misdemeanor theft charge can be charged up to one year after the crime was engaged.
The penalties or results of first-time offenders can be fined up to $2,500, up to six months in jail, repayment of stolen items, and classes and probation up to three years.
The felony charge is for individuals who have stolen properties greater than $1,000. However, the classes and penalties are separated based on property value.
Felony Theft Crime
A theft crime deemed as a felony is classified from a Class 2 crime to a Class 6 crime. The felony charge is for individuals who have stolen properties greater than $1,000. However, the classes and penalties are separated based on property value.
- A Class 2 felony crime from $25,000 and above can result in up to 12 ½ years in prison and possible probation.
- A Class 3 felony crime from $4,000 to $25,000 can result in up to eight and a half years in prison and possible probation.
- A Class 4 felony crime from $3,000-$4,000 can result in up to four years in prison possible probation.
- A Class 5 felony crime from $2,000 and $3,000 can result in up to 2 ½ years in prison and possible probation.
- A Class 6 felony crime from $1000-$2000 can result in up to two years in prison and possible probation.
- If the conviction is valued at over $100,000 and is considered a Class 2 felony crime, the individual charge is not eligible for any probation and will serve a sentence of up to 12 ½ years.
While some individuals may have their charges considered underclass crimes, there are additional consequences that are categorized under collateral offenses.
Some collateral consequences can include the following: reporting to professional licenses, labeled as a CIMT (crimes involving moral turpitude), be required to submit an extensive background check, suspension of fingerprint cards, having to report lenders and housing loans of the crime committed.
Different Types of Theft Categories
The different theft categories help classify the crime. They also have different punishments.
- Intellectual Property Theft Crimes: This type of crime is where an individual violated or convicted property rights through violations of trademarks, patents, and copyrights.
- Trafficking in Stolen Property: This type of crime is when an individual accepted a property that they knew was stolen.
- Embezzlement or Larceny: This type of crime is where an individual had access to property or items that were not legally owned and used them for a personal profit.
- Grand Theft: They categorize this type of crime with any individual who took items or property valued at over $1,000.
- Petty Theft: They categorize this type of crime with any individual who took items of property that value below $1,000.
- Identity Theft: This type of crime is where an individual took another person's identity, including address, Social Security number, credit card content, and personal names.
- Burglary: This type of crime is when an individual entered another person's property to commit a felony crime. Anyone who has committed acts of housebreaking, or breaking structures with force or the intent to commit a felony, is considered in the burglary.
- Motor Vehicle Theft: This type of crime is where an individual has attempted or stole any type of motor vehicle that was not theirs.
- Shoplifting: Shoplifting is a crime that has penalties that can be criminal or civil. Shoplifting is a type of crime where individuals take items or products from a store. The crime classifications can range from a Class 1 misdemeanor to a Class 4 felony. The prosecution ranges based on the value of the property stolen and if there were damages committed in the process of a crime. If the prosecution takes the shoplifting crime to a civil matter, the penalties could include compensation to the business owner for damages, the retail value of the merchandise compensated, and extensive fines.
- Robbery: This type of crime is when an individual committed a theft crime while using force or weapons.
Arizona does not take theft charges lightly. Other types of theft crimes can include diverting services, misuse of the power of fraud attorney, trade secret theft, extortion, and failure to return property that was leased. The consequences involved in all the crimes may impact your future regardless of the situation.
If you have been accused of a theft crime, contacting a fraud lawyer with experience and knowledge of the judicial system is essential to your case.
Law Office of Michael Alarid is familiar with all the state regulations and laws that pertain to theft charges and understands how to properly defend your rights.
Therefore, contact a fraud lawyer as soon as possible so you can have the best chances of reducing or eliminating the charges. Give us a call at any time at (602) 818-3110
Description of Fraud Crime
A fraud crime in Arizona is a crime that is committed by those who falsified information. It can be an event or situation where an individual intentionally deceived someone else for personal gain. ARS 13-2310
Fraud crimes can also include intent to damage another individual. There are different fraud categories that Arizona takes seriously, and they can have different penalties.
Different Types of Fraud Categories
The fraud categories have different sentencing in Arizona. They can be considered civil or criminal. Let's inspect the classification of our crimes:
- Bank Fraud: This type of fraud is when an individual deceives others or acts upon abstaining money and property from a financial institution.
- Embezzlement: This type of fraud is when an individual steals or embezzles property or money from businesses, employers, or other individuals.
- Government Fraud: This type of fraud crime is when an individual seizes or intentionally asked upon using government funds through scams with taxes, swindling, for personal gain.
- Unemployment Fraud: This type of fraud is when an individual falsely claims unemployment or uses another individual's identity to collect government unemployment.
- Mortgage Fraud: This type of fraud is when deception or an event occurs with the use of material misrepresentation, omission, or misstatements towards a mortgage loan.
- Computer Tampering: This type of fraud is when an individual actively gains unauthorized access, data, or information from another person's computer.
- Theft: This type of fraud occurs when an individual commits an action or crime of stealing property or items that were not theirs.
- Counterfeiting: This type of fraud occurs when an individual distributes, manufactures, or possesses items without authenticity. It can include intentions to destroy, use in illegal transactions, replace, or deceive others.
- Wire Fraud: This type of fraud involves an individual that uses communication through email, calls, fax, or the Internet to get personal gain or deceive others with spam-related schemes.
- Political Corruption: This type of fraud is when an individual uses the power of officials in the government, or through a network, for illegal private gain. It can include corruption with extortion, patronage, graft, embezzlement, bribery, and more.
- Pyramid Schemes: This type of fraud is where an individual funnels income or earnings from a lower-level organization to the top. It involves individuals that have business models that recruit members for promises of services or payments and deceiving them into the scheme and not supplying them with the products or distribution.
What are the Penalties of Fraud Crimes?
The prosecution and consequences that come with fraud crimes in Arizona range from Class 2 felony charges to a Class 6 felony. They also base the penalties on conviction offenses.
- 1st Offense: This charge is usually classified under a Class 2 felony charge and can have fines, probation, and imprisonment for up to 12.5 years.
- One Prior Convicted Offense: A class 2 felony with a prior can have penalties from 4.5 to 23 years of imprisonment and fines.
- Two Prior Convicted Offenses: A class 2 felony with two priors can have up to 35 years of imprisonment.
- More than $100,000 Fraud Crimes: Individuals who are involved in fraud crimes that pass $1000,000 will not be allotted suspension, will have fines and a serious prison sentence depending on what the situation that occurs and what judge sees fit to sentence.
Common Defenses Available for Theft and Fraud Crimes
The defenses that are available for theft and fraud crimes depend on the situation and facts. A knowledgeable fraud attorney will use defenses that include mental status, mistaken identity, evidence of an investigation, presents, constitutional rights, theories, absence of intent, non-fraudulent statements, entrapment, and value.
Attorney Michael Alarid III, a knowledgeable theft lawyer with years of experience, may negotiate other ways to get your case dismissed in Arizona on misdemeanor compromise, diversion agreements, and extensive experience and knowledge of the statute of limitations.
He will determine the best strategy for clearing a theft and fraud crime from your record and help you through the court's entire process. There are multiple ways of obtaining evidence to defend individuals with theft and fraud crimes. It is essential to speak to an attorney as soon as possible if you have been convicted or charged with a theft or fraud crime in Arizona.
Arizona's Top Attorney for Handling Theft and Fraud Crimes
Law Office of Michael Alarid is one of the most ambitious and knowledgeable theft attorney law firms in Arizona. Therefore, call us at (602) 818-3110 today to help you negotiate the best defense strategy and outcomes for your case.