Pursuant to A.R.S. §13-2310 Fraudulent Schemes occurs when a person, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions. Reliance on the part of any person shall not be a necessary element of the offense described in subsection A of this section. A “scheme or artifice” to defraud includes a scheme to deprive a person of the intangible right of honest services.
Possible Punishment for Fraudulent Schemes
Conviction on a first-offense Fraudulent Schemes charge is a class two (2) felony , carrying punishment of the following:
Probation with zero days in jail up to one year in jail as a condition of probation or prison of 3-5-12.5 years. If the amount of benefit received by the accused is valued at $100,000.00 or more, then probation is not available and the “prison only” range must be served. However, we would still argue for the minimum prison sentence as opposed to the maximum; your case is not hopeless.
If the person has one allegeable historical prior conviction then they are not probation eligible and they face a prison range of 4.5-9.25-23.25 years in prison.
If the person has two allegeable historical prior convictions, then they are not probation eligible and face the prison range of 10.5
Feel free to call us at any time with any questions or inquiries you may have. We offer a free 60 minute consultation to all of our clients. See contact details below.
The Litwak Law Group
Criminal Defense & Civil Litigation Attorney