Fraud Lawyer in Arizona — Former Judge & Prosecutor Perspective on Your Case
Fraud Lawyer Arizona. Arizona charges like fraudulent schemes (ARS 13-2310), forgery (ARS 13-2002), and identity theft (ARS 13-2008, 13-2009) move quickly through Superior Court. We build defenses grounded in Rule 15 disclosure, challenge aggregation and intent, and negotiate with county attorneys across Maricopa, Pinal, Mohave, and beyond.
Arizona Fraud Laws & Penalties
Arizona prosecutes fraud under Title 13 and, in some cases, Title 44 of the Arizona Revised Statutes. The most commonly charged offense is fraudulent schemes and artifices under ARS 13-2310, often filed in county Superior Courts (for example, Maricopa County Superior Court in Phoenix) after investigation by local police or the Arizona Attorney General’s Office. Many fraud cases are filed as felonies, so understanding felony exposure and felony defense strategy is critical from day one.
Fraud charges may include identity-related offenses (ARS 13-2008 and 13-2009), forgery (ARS 13-2002), theft by misrepresentation (ARS 13-1802), credit card offenses (ARS 13-2102 and 13-2105), and issuing a bad check (ARS 13-1807). The State may aggregate losses or multiple acts into a single count under ARS 13-2310, which can increase exposure. Sentencing follows ARS 13-702 and 13-703, with restitution ordered under ARS 13-603(C). For background on penalty exposure across common charges, see our analysis in What Are the Penalties for Fraud in Arizona and our breakdown of schemes under What Is a Fraud Scheme in Arizona.
| Offense | Statute | Arizona Classification | Notes on Penalties |
|---|---|---|---|
| Fraudulent Schemes & Artifices | ARS 13-2310 | Class 2 felony | Sentenced under ARS 13-702/13-703; potential prison, probation eligibility on non-dangerous offenses, and mandatory restitution per ARS 13-603(C). |
| Forgery (e.g., checks, instruments) | ARS 13-2002 | Typically a felony | Often charged as a class 4 felony; sentencing per ARS 13-702/13-703; collateral consequences include document-related restrictions. |
| Identity Theft (Taking Identity) | ARS 13-2008 | Felony | Frequently charged as class 4; restitution for economic loss (ARS 13-603(C)); immigration and professional licensing issues may arise. |
| Aggravated Identity Theft | ARS 13-2009 | Felony | Elevated penalties compared to ARS 13-2008; classification increases based on conduct and number of identities involved. |
| Credit Card Theft / Fraudulent Use | ARS 13-2102 / 13-2105 | Felony or misdemeanor | Classification depends on conduct and value obtained within statutory time windows; sentencing per ARS 13-702/13-703 or Title 13 misdemeanor ranges. |
| Theft by Misrepresentation (Embezzlement-type) | ARS 13-1802 | Felony or misdemeanor | Classification depends on dollar thresholds; value can be aggregated; restitution is typical (ARS 13-603(C)). |
| Issuing a Bad Check | ARS 13-1807 | Often a misdemeanor | Commonly charged as a class 1 misdemeanor; felony exposure possible with related conduct under other statutes. |
| Securities Fraud (Arizona Securities Act) | ARS 44-1991 et seq. | Felony | Investigations may involve the Arizona Corporation Commission & AG; prosecutions in Superior Court; significant restitution and fines authorized. |
Because prosecutors in Arizona can aggregate transactions and losses, your exposure can change as discovery develops. Our approach blends financial forensics with the broader defenses used across complex criminal defense litigation: holding the State to disclosure deadlines under Rule 15, challenging unreliable victim loss statements, and contesting intent. If the State’s proof overlaps with theft conduct, we also evaluate charge bargaining or alternatives grounded in our theft defense experience and, where applicable, retail-loss issues that often appear in shoplifting cases.
By the Numbers at Oliverson Law
Our office at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281 is positioned near the Salt River corridor, minutes from Tempe Municipal Court and freeway access to Phoenix, Scottsdale, Mesa, and Chandler. We appear in Superior Courts statewide, including Maricopa, Pinal, Mohave, and Yavapai Counties, handling fraud arraignments, settlement conferences, and trials.
Arizona Fraud Case Process
Arizona procedure is driven by the Arizona Rules of Criminal Procedure and county-specific practices. Whether your case is filed by direct complaint or indictment, docket control is strict in Maricopa County Superior Court and other county courts. Early action on release conditions, evidence preservation, and financial records can shape outcomes.
Initial Appearance & Release
Under Rule 4.1, you must see a judge promptly for an initial appearance, where conditions of release are set under ARS 13-3967. In Maricopa County, this occurs at the Initial Appearance Court in Phoenix. We argue to reduce secured bonds, obtain third-party release, and preserve exculpatory materials.
Charging via Preliminary Hearing or Grand Jury
Felony fraud cases proceed by preliminary hearing (Rule 5.1) or grand jury indictment. In counties like Pinal and Yavapai, prosecutors often prefer grand jury for complex financial charges. We challenge probable cause, aggregation theories under ARS 13-2310, and improper hearsay if used to inflate alleged losses.
Arraignment, Discovery & Negotiations
At arraignment in Superior Court, formal charges are read and a not guilty plea is entered. Rule 15 governs disclosure; we demand bank records, IP logs, witness statements, and loss calculations. Conferences (e.g., Resolution Management or Early Disposition in some divisions) may lead to reduced counts or reclassification.
Litigation, Motions & Trial
We file motions to suppress statements (Miranda/voluntariness) and to preclude unlawfully obtained digital evidence under Article 2, Section 8 of the Arizona Constitution. If trial proceeds, jurors in county Superior Court assess intent, authorization, and loss. Restitution is addressed post-verdict pursuant to ARS 13-603(C).
Because many fraud counts are felonies, collateral consequences—firearms rights, voting rights, and licensing—must be weighed with any plea. Our felony defense focus helps align immediate goals with long-term Arizona record considerations, including set-asides and civil implications after sentencing.
Call Oliverson Law DUI & Criminal Defense at (480) 582-3637 for a free consultation. We are based in Tempe and appear in Superior Courts statewide on fraud, forgery, identity, and credit card cases.
Defense Strategies for Arizona Fraud Charges
Arizona prosecutors must prove intent, authorization, and loss beyond a reasonable doubt. We use targeted challenges that reflect how county attorneys charge under Title 13 and present evidence to juries drawn from Maricopa, Pinal, Mohave, and Yavapai venires.
When allegations overlap with theft conduct, we leverage our experience as a focused theft lawyer to negotiate reclassification or restitution-centered outcomes. For complex multi-jurisdiction cases that raise federal questions (such as wire communications), see our discussion in What Is Wire Fraud and Can Arizona Prosecute It.
Meet Your Team: Why Our Arizona Background Matters
Derek Oliverson — Founder
Derek earned his B.S. in Criminal Justice, magna cum laude, from Southern Utah University, and his J.D. with a litigation concentration from Creighton University School of Law. He has been licensed by the State Bar of Arizona since October 2009. Derek served as a police officer in Henderson, Nevada, then as a prosecutor at the Mohave County Attorney’s Office. He later became a judge at Page Magistrate Court (handling 3,000+ cases per year) and then a judge at Glendale City Court in 2012 (a court with 40,000+ cases per year). He left the bench in 2014 and founded Oliverson Law DUI & Criminal Defense in 2016. That blend—street-level investigations, prosecution judgment, and judicial management of high-volume Arizona courts—gives clients insight into how fraud cases are charged, set for hearings, and evaluated by benches and juries in Superior Courts.
David Tangren — Attorney
David graduated from the University of Arizona James E. Rogers College of Law, where he served as Note and Comment Editor for the International and Comparative Law Journal. As a former prosecutor with the Pima County Attorney’s Office, he handled misdemeanors through the felony trial team and worked in the Property and Narcotics Bureau. His felony trial experience and property-crime focus interface directly with fraud, forgery, and identity theft prosecutions under Arizona’s Title 13, including disclosure practice, evidentiary hearings, and jury trials in county Superior Courts across the state.
Together, our team connects courtroom experience—from magistrate and municipal courts in Arizona to felony trial teams—to the tactical needs of fraud defense: analyzing bank and merchant records, challenging aggregation under ARS 13-2310, and structuring resolutions that address restitution while avoiding unnecessary felony consequences under ARS 13-702/13-703. For broader context on Arizona criminal exposure beyond fraud, review our criminal defense hub.
Arizona Counties & Cities We Handle
Tempe, AZScottsdale, AZMesa, AZGlendale, AZChandler, AZGilbert, AZPeoria, AZSurprise, AZGoodyear, AZBuckeye, AZParadise Valley, AZ
Frequently Asked Questions
ARS 13-2310 makes it a crime to, pursuant to a scheme or artifice to defraud, knowingly obtain any benefit by false or fraudulent pretenses, representations, promises, or material omissions. It is charged in county Superior Courts (e.g., Maricopa County Superior Court). Penalties follow ARS 13-702/13-703, with restitution under ARS 13-603(C), and the State may aggregate transactions into a single count.
ARS 13-2008 (taking the identity of another) and ARS 13-2009 (aggravated taking) are felony offenses typically prosecuted in Superior Court. The State must prove knowing use or possession of personal identifying information without consent. Aggravated identity theft raises penalties based on conduct and number of identities. Sentencing uses ARS 13-702/13-703, and restitution is ordered per ARS 13-603(C).
It depends on the conduct. Forgery (ARS 13-2002) covers making, completing, or altering a written instrument (including checks) with intent to defraud, often a felony. Issuing a bad check (ARS 13-1807) generally addresses writing checks on insufficient funds and is commonly a misdemeanor. Facts may support both theories; charging decisions rest with the county attorney.
Felony fraud cases are filed in the county Superior Court where the conduct occurred, such as Maricopa County Superior Court (Phoenix), Pinal County Superior Court (Florence), Mohave County Superior Court (Kingman), or Yavapai County Superior Court (Prescott). Misdemeanor fraud-related offenses may be filed in municipal or justice courts with jurisdiction over the alleged act.
Federal authorities often charge wire fraud under 18 U.S.C. § 1343, but Arizona can prosecute state crimes arising from the same conduct, such as ARS 13-2310 (fraudulent schemes) or ARS 13-2002 (forgery), when elements are met. Venue depends on where essential acts occurred. See our discussion: What Is Wire Fraud and Can Arizona Prosecute It.
Call (480) 582-3637 or visit our Tempe office at 60 E Rio Salado Pkwy, Suite 900. Oliverson Law DUI & Criminal Defense has been advocating for clients since 2009, with a 4.9/5 rating from 150+ reviews. Start your defense now.
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