Under A.R.S. § 13-2310, the specific crime of Fraudulent Schemes and Artifices is classified as a Class 2 felony, which carries severe penalties. However, “fraud” is a broad legal category in Arizona. Depending on the nature of the deception, the specific statutes involved (such as forgery, credit card fraud, or identity theft), and the financial value of the benefit obtained, other fraud-related offenses may be charged as Class 3, 4, 5, or 6 felonies.

Because Arizona prosecutes several different types of fraud offenses at varying severity levels, the potential penalties span across multiple felony classifications. For a first-time offender facing aggravated sentencing, the maximum potential prison terms are as follows:

• Class 2 Felony: Up to 12.5 years in prison
• Class 3 Felony: Up to 8.75 years in prison
• Class 4 Felony: Up to 3.75 years in prison
• Class 5 Felony: Up to 2.5 years in prison
• Class 6 Felony: Up to 2 years in prison

The exact sentence will depend on various factors, including the specific fraud charges filed, the financial loss to the alleged victim, the presence of aggravating or mitigating factors, and the defendant’s criminal history. Additionally, if the fraudulent scheme resulted in a benefit of $100,000 or more, probation is not an option, and mandatory prison time is required.

Because fraudulent scheme offenses are very serious, it is important for every person facing such charges to fully understand their available defenses. Possible defenses may include:

Proving the absence of intent to defraud

Demonstrating that the alleged fraudulent statements were true or believed to be true

Showing that the accused was coerced or under duress

Challenging the legality of how the evidence was obtained

Each situation will have its own set of facts and circumstances, and visiting with an experienced criminal defense attorney can help ensure that your legal rights remain protected.