The legal system in Arizona depends on the concept that things are what they claim to be. In other words, written documents, verbal promises, and other contracts must indicate a good faith ability and motivation to perform a service. This is such an essential concept that intentionally failing to uphold one’s end of the bargain in these scenarios could be a criminal offense.
If you are facing allegations of fraud, reach out to experienced legal counsel immediately. A Scottsdale fraud lawyer can work to identify the exact nature of the charges, explain the potential penalties for a conviction, and develop a defense strategy that fits your goals.
A person commits fraud when they intentionally misrepresent facts with the intent to deceive another party. Usually, fraud is a civil matter. For instance, suppose Person A sells a car to Person B with a stated odometer of 50,000 miles. If it turns out that Person A rolled back the odometer, Person A may have committed fraud.
In limited circumstances, fraud becomes a criminal matter. State law provides a single statute covering all alleged criminal fraud incidents. According to Arizona Revised Statute § 13-2310, it is illegal to knowingly obtain any benefit through false pretenses. This could include a variety of behaviors, such as:
A Scottsdale attorney can evaluate a fraud allegation and further explain the legal concept.
The most important part of any fraud case is proving that a defendant had the necessary mindset, or mens rea, to commit the offense. For example, in the insurance fraud statute mentioned above, the prosecutor must prove that the defendant knowingly obtained a benefit from another party through fraud or misrepresentation. An attorney at Grand Canyon Law Group can work to dispute the idea that a defendant intended to commit fraud by arguing that any apparent wrongdoing was a simple mistake.
The available penalties for a fraud conviction will vary based on the dollar value of the alleged fraud. For instance, cases alleging fraud with a value of less than $1,000 are class 1 misdemeanors under AZ Rev. Stat. § 13-1802. However, the charges may increase to a class 2 felony if the dollar value of the involved property is greater than $25,000. A Scottsdale lawyer could further explain the requirements for a fraud conviction and what a conviction may mean for a person’s future.
Fraud is a classic example of a white-collar crime, and a conviction can result in a significant prison sentence under the state’s criminal law. Prosecutors may be able to allege a variety of criminal violations that fit within the state’s law.
No matter the exact nature of your case, it is best to work with a Scottsdale fraud lawyer. The former prosecutors, now dedicated defense attorneys, at Grand Canyon Law Group can provide valuable insight into fraud charges and how to defeat them. We can help identify realistic goals for your case and develop legal strategies to meet those goals. Contact us today and let us get to work for you.