In Arizona, a financial accusation can be charged as a class 2 felony no matter how little money is involved. The statute a prosecutor picks matters more than the amount anyone says you took. Arizona’s fraudulent schemes and artifices statute sets no dollar threshold, so a $2,000 case can carry the same felony class as a $2 million one.
At R&R Law Group, we defend white collar cases in Scottsdale and across Maricopa County. Our criminal defense team works these files as a group. Call (602) 497-3088 or reach out to us for free case evaluations.
How R&R Law Group Defends Scottsdale White Collar Charges
White collar cases are won or lost on paper before they ever reach a courtroom. We build a modern defense around what the records actually show, not around what an investigator assumes they show.
Being accused of taking money is frightening. We answer with integrity, honesty, and compassion, and we bring modern legal defense strategies to every file, backed by a comprehensive team of criminal defense attorneys who work toward safety, clarity, and hope for every client.
What Counts as a White Collar Crime in Arizona?
Arizona has no single white collar crime statute, so financial cases are charged under whichever specific offense fits the conduct:
- Fraudulent schemes and artifices: Knowingly obtaining any benefit through a scheme to defraud is a class 2 felony. A benefit is defined broadly under Arizona law as anything of value, present or future, not just cash.
- Theft: Under A.R.S. § 13-1802, taking property or services without lawful authority is theft, graded by the value taken.
- Forgery: Falsely making or changing a written instrument, such as a check, contract, or deed, with intent to defraud is forgery in Arizona under A.R.S. § 13-2002, a class 4 felony. Holding or presenting a forged instrument counts too.
- Money laundering: Arizona money laundering charges under A.R.S. § 13-2317 are graded by degree, from a class 6 felony at the lowest tier to a class 2 felony at the highest. The charge covers moving or concealing money known to come from criminal activity.
Why the Charging Statute Matters More Than the Dollar Amount
Arizona grades theft on a ladder tied to the value taken. Fraudulent schemes carry a class 2 felony with no dollar threshold at all. Two prosecutors can look at the same spreadsheet and file charges that carry very different penalties.
| Value taken | As theft | As a fraudulent scheme |
|---|---|---|
| $25,000 or more | Class 2 | Class 2 |
| $4,000 to under $25,000 | Class 3 | Class 2 |
| $3,000 to under $4,000 | Class 4 | Class 2 |
| $2,000 to under $3,000 | Class 5 | Class 2 |
| $1,000 to under $2,000 | Class 6 | Class 2 |
| Under $1,000 | Class 1 misdemeanor | Class 2 |
A $2,000 loss charged as theft is a class 5 felony. The same $2,000 charged as a fraudulent scheme is a class 2 felony, the most serious felony class below class 1.
The fraudulent schemes statute also takes reliance out of the picture. The state never has to prove that anyone believed the claim or acted on it. So “they went along with it” and “nobody was fooled” are not answers to this charge.
The lower rungs of that ladder belong to the theft statute.
What Penalties Does a Class 2 Felony Carry in Arizona?
If you have no prior felony conviction, a class 2 felony in Arizona carries a presumptive prison term of five years. Presumptive is the term the court starts from when nothing raises or lowers it.
The range runs from three years at the mitigated end to 12.5 years at the aggravated end. A.R.S. § 13-702 sets the first offense terms:
- Mitigated: 3 years
- Minimum: 4 years
- Presumptive: 5 years
- Maximum: 10 years
- Aggravated: 12.5 years
A benefit of $100,000 or more sits outside that flexibility. At that level, a conviction must serve the sentence before becoming eligible for a suspended sentence, probation, pardon, or early release. A few narrow exceptions apply.
Restitution is added to the sentence on top of any prison term, paid to the victim of the crime.
How Long Does Arizona Have to File White Collar Charges?
Arizona has seven years to bring charges for a class 2 through class 6 felony. For these offenses, the clock does not start on the day the conduct happened. It starts when the state discovered the conduct, or when the state reasonably should have discovered it.
A.R.S. § 13-107 sets that period and its trigger. The clock runs from actual discovery by the state, or by the political subdivision with jurisdiction, which means the county or city bringing the case. It also runs from the day reasonable diligence would have turned up the conduct, whichever comes first.
A prosecution counts as commenced when an indictment, information, or complaint is filed.
What Should I Do If I Learn I Am Under Investigation?
The charge that sets your exposure is often chosen before you are ever arrested, which is why the investigation stage matters as much as anything that follows. A few things make a real difference during that stage:
- Getting defense counsel involved before an interview that feels routine, rather than after
- Leaving records untouched rather than deleting, reorganizing, or cleaning up files, ledgers, or email
- Keeping the matter off company systems and out of conversations with colleagues
- Gathering the relevant documents early: contracts, statements, ledgers, texts, and any subpoena
An explanation given without counsel becomes the version a person lives with for the rest of the case.
Is a White Collar Charge Always a Felony in Arizona?
No. Theft of property or services worth less than $1,000 is a class 1 misdemeanor in Arizona, but the same conduct charged as a fraudulent scheme is a class 2 felony regardless of the amount.
That misdemeanor floor has three exceptions. Property taken from the person of another is a class 6 felony whatever it was worth. The same is true for a firearm, or an animal taken for animal fighting.
The theft statute has that misdemeanor floor, and the fraudulent schemes statute has none. That is why the charging decision, not the total on the receipts, is the first thing we look at.
Explore Our Criminal Defense Practice
White collar accusations rarely arrive alone, so our related pages go deeper on the individual charges and the sentencing questions that come with them. Where the accusation is built on misrepresentation, our broader felony defense practice covers the individual charges. Where the worry is years, felony sentencing in Arizona shows how Arizona builds a term.
Common Questions About Scottsdale White Collar Charges
Is Embezzlement Its Own Separate Crime in Arizona?
No. Arizona does not have a standalone embezzlement statute. Conduct people usually call embezzlement, taking money or property entrusted to you for a limited purpose, is charged as theft or as a fraudulent scheme, depending on the facts.
Can Federal Charges Apply to the Same Conduct as an Arizona Case?
Yes. Conduct that violates Arizona law can also violate federal law, particularly when it involves banks, wire transfers, or mail. Federal and state charges can proceed separately for the same underlying conduct.
Does a White Collar Conviction Affect a Professional License?
It can. Many professional boards, especially those overseeing finance, law, real estate, or healthcare, ask about felony convictions and can suspend or revoke a license as a result.
Talk to a Scottsdale White Collar Defense Attorney
R&R Law Group defends white collar cases in Scottsdale and throughout Maricopa County. The earlier we see the file, the more of the charging decision is still open. The statute the state selects sets the ceiling, and the records in your office now carry more weight than any explanation offered later.
Call R&R Law Group at (602) 497-3088 or reach out to us. Free case evaluations are available now.