Fraud and Identity Theft Defense
Arizona fraud and identity theft laws cover a wide range of conduct, from a single forged check to a business scheme that runs for years. These cases usually rest on documents and digital records, and they often start with a bank's fraud department, an employer's audit or a complaint to police. This page explains the main statutes, how they are classified, and how Nova Law Group approaches a defense.
Under investigation or charged in Maricopa County? Do not discuss the facts with detectives, your employer or the bank's fraud team, and do not move money or delete records, before you get advice. Call Nova Law Group at (480) 405-6767 for a free, confidential consultation.
What the law says
Fraudulent schemes and artifices
Under A.R.S. § 13-2310, you commit this offense if, as part of a scheme or artifice to defraud, you knowingly obtain any benefit through false or fraudulent pretenses, representations, promises or material omissions. The state does not have to prove that anyone relied on the false statement. A scheme to defraud includes one to deprive someone of the intangible right of honest services.
Forgery
Under A.R.S. § 13-2002, forgery means acting with intent to defraud and either falsely making, completing or altering a written instrument; knowingly possessing a forged instrument; or offering or presenting, whether accepted or not, a forged instrument or one that contains false information. Possessing five or more forged instruments may give rise to an inference of intent to defraud.
Identity theft
A.R.S. § 13-2008 covers knowingly taking, buying, making, recording, possessing or using another person's or entity's identifying information, real or fictitious, without consent, with the intent to use that identity for any unlawful purpose or to cause loss, or to obtain or continue employment. No actual economic loss is required.
Under A.R.S. § 13-2009, the offense is aggravated when it involves the information of three or more persons or entities, causes an economic loss of $1,000 or more, or involves another person's identity taken or used to obtain employment. Possessing three or more people's information out of the regular course of business may give rise to an inference of an unlawful purpose.
Criminal impersonation
Under A.R.S. § 13-2006, criminal impersonation includes assuming a false identity or pretending to represent a person or organization with intent to defraud, posing as an employee or representative to gain access to property, and using a computer-generated voice recording, image or video of another person with intent to defraud.
Computer tampering
A.R.S. § 13-2316 applies when you act without authority or exceed authorized use. It covers, among other things, accessing or altering a computer, system or network with intent to carry out a scheme to defraud or deceive; knowingly altering or deleting programs or data; introducing a computer contaminant; recklessly disrupting computer services; and knowingly accessing a computer or its programs or data.
Money laundering
A.R.S. § 13-2317 has three degrees. Second degree includes transferring, receiving or concealing racketeering proceeds while knowing or having reason to know they are proceeds of an offense, conducting a transaction with such proceeds intending to conceal their nature, source, ownership or control, and certain false statements and reporting violations in dealings with financial institutions and money transmitters. First degree applies to a person who knowingly organizes, finances, directs or is in the business of that conduct, or commits it to facilitate terrorism or murder.
For fraud cases that arise in a business or workplace, see our white collar crimes page.
How it is classified
| Offense or circumstance | Classification |
|---|---|
| Fraudulent schemes and artifices | Class 2 felony |
| Forgery | Class 4 felony (class 3 if used to buy, lease or rent a dwelling used as a drop house) |
| Taking the identity of another | Class 4 felony |
| Aggravated taking the identity of another | Class 3 felony |
| Criminal impersonation using a computer-generated voice, image or video | Class 5 felony |
| Other criminal impersonation | Class 6 felony |
| Computer tampering with intent to defraud or deceive | Class 3 felony |
| Computer tampering by altering or deleting data, a contaminant or reckless disruption | Class 4 felony, or class 2 if a critical infrastructure resource is involved |
| Computer tampering by unauthorized access | Class 6 felony |
| Money laundering, third, second and first degree | Class 6, class 3 and class 2 felony |
These classes come from A.R.S. § 13-2310(A), § 13-2002(C), § 13-2008(E), § 13-2009(E), § 13-2006(C), § 13-2316(E) and § 13-2317(E).
Possible penalties
For a first felony offense that is not a dangerous offense, A.R.S. § 13-702(D) sets these prison ranges:
| Class | Minimum | Presumptive | Maximum |
|---|---|---|---|
| Class 2 felony | 4 years | 5 years | 10 years |
| Class 3 felony | 2.5 years | 3.5 years | 7 years |
| Class 4 felony | 1.5 years | 2.5 years | 3 years |
| Class 5 felony | 0.75 years | 1.5 years | 2 years |
| Class 6 felony | 0.5 years | 1 year | 1.5 years |
The same table also sets shorter mitigated and longer aggravated terms. If you are eligible for probation, A.R.S. § 13-901 allows the court to suspend the sentence and place you on probation. Prior felony convictions bring the higher repetitive offender ranges of A.R.S. § 13-703 into play.
Large fraud cases. Under § 13-2310(C), if a fraudulent schemes conviction involved a benefit of $100,000 or more, you are not eligible for probation, a suspended sentence or early release, except under narrow statutory provisions, until the sentence is served or commuted. Under § 13-2310(D), amounts from one scheme or course of conduct may be added together under A.R.S. § 13-1801(B), whether they came from one person or several.
Consequences beyond the sentence
A felony record. These convictions are felonies that can appear on background checks. Ask us whether later relief may be available through record sealing or a set aside.
Work and licensing. Employers may treat dishonesty offenses as a serious concern, and a licensing board may review the case separately. See our pages on administrative law and professional boards and for professionals.
Immigration. If you are not a U.S. citizen, get immigration advice before you accept any plea.
Restitution and forfeiture. Under A.R.S. § 13-603(C), a conviction requires restitution for the full economic loss as the court determines it. Computer tampering and money laundering also carry forfeiture provisions (§ 13-2316(C) and § 13-2317(D)).
Federal exposure. Fraud involving banks, the mail, electronic communications or federal programs can also be prosecuted under federal law. See our federal charges page.
How we defend these cases
Knowledge and intent. Each statute requires a mental state, such as knowingly obtaining a benefit through a scheme to defraud or acting with intent to defraud. A business dispute, an accounting error or a deal that failed is not the same as a scheme to defraud.
Authorization and consent. Identity theft requires use without consent, and computer tampering requires acting without authority or beyond it. Shared accounts, family arrangements and employer permissions can all bear on whether you had permission.
The paper trail. Bank records, login data, device extractions, emails and signatures often drive these cases. We review what each record actually shows, who else had access, and whether the timeline holds together.
Value and loss calculations. Dollar amounts decide whether identity theft is aggravated at $1,000 in loss, whether the $100,000 rule in § 13-2310(C) applies, and how much restitution is owed. We check for double counting, refunds and amounts never actually received.
Who actually acted. Stolen passwords and shared devices mean the person named on an account is not always the person who used it. In cases with several people, we focus on what you personally did and knew.
Common questions
No. Under § 13-2310(B), reliance is not a necessary element of fraudulent schemes and artifices. The state still has to prove a scheme to defraud and that you knowingly obtained a benefit through false or fraudulent means.
It can be. Section 13-2008 applies whether or not anyone actually suffers an economic loss. A loss of $1,000 or more can make the offense aggravated under § 13-2009.
Yes. Sections 13-2008 and 13-2009 cover information of a real or fictitious person or entity, and § 13-2006 covers assuming a false identity with intent to defraud.
It can be. Forgery includes knowingly possessing a forged instrument with intent to defraud, and possessing five or more may give rise to an inference of that intent. What you knew about the checks is central.
Using a computer-generated voice recording, image or video of another person with intent to defraud is a class 5 felony under § 13-2006. The statute excludes comedy, parody, artistic expression, criticism and content that is clearly digitally manipulated.
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Talk to a Maricopa County fraud and identity theft lawyer
Fraud and identity theft cases are built on records, and early steps, including what you say and to whom, can shape the case. We can review the documents, the loss figures and the charges, and explain your options in plain terms.
Free, confidential consultation: (480) 405-6767
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This page describes Arizona law in general terms as of October 2026 and is not legal advice. Every case turns on its facts. Submitting a form or calling does not create an attorney-client relationship.