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White Collar Crimes

What are the Types of Arizona Felony Classes

Types of Arizona Felony Classes

Felony Class Types in Arizona

There are six levels of felony classes in Arizona. Each class has its own guidelines for punishment if convicted. When looking at sentencing, the law presumes that everyone will start at the presumptive sentence however, this sentence can be increased or decreased if mitigating or aggravating factors are found by the Judge or jury. The following sentencing ranges apply to a person with no prior felony convictions.

  • Class 1 – The only crime that falls under a Class 1 felony is murder. Murder charges are divided into two categories: First or Second Degree. First degree murder is punishable by the death penalty or by life in prison without parole. Second degree murder requires a minimum prison sentence of 10 years up to a maximum sentence of 25 years.
  • Class 2 – A Class 2 felony allows for a minimum sentence in the Department of Corrections of three years. This can be increased to up to 12.5 years for aggravated. Probation, with up to one year in jail, is also available.
  • Class 3 – Class 3 felonies allows for a minimum of two years in prison with an aggravated sentence of up to 8.75 years. Probation is also available.
  • Class 4– If sentenced to prison on a Class 4 felony, you face anywhere between 1 to 3.75 years. Again, probation is available.
  • Class 5 – A Class 5 felony provides for a minimum of six months in prison however, can be increased to up to 2.5 years. Probation is available.
  • Class 6 – Although a Class 6 felony, an example could be a DUI in Phoenix, also allows for a probation sentence, if sentenced to prison the range allows for anywhere between .33 – 2 years.

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Civil Forfeiture Cases and Defenses

Civil forfeiture, also called civil seizure, or civil judicial forfeiture, is a controversial legal process in the United States in which law enforcement officers take assets from people suspected of being involved in a crime or some sort of illegal activity. The problem with forfeiture cases is that the person suspected of being involved with a crime or illegal activity will not be necessarily charged with a crime or wrongdoing.

Civil forfeiture is a controversial legal process. Sometimes, the law enforcement officers will simply threaten to seize property, or anything of value, such as gold, cash, real estate, a boat or a house. The actual act of seizure itself also falls under forfeiture if the officers suspect that it was being used in a crime. Those in favor of civil forfeiture see it as a powerful tool to thwart criminal activities and organizations. However, critics argue that the act itself leads to corruption and misbehavior by the law enforcement. There is an ongoing debate as to whether the overall benefits of forfeiture outweigh the drawbacks. (more…)


Pre-charge Investigation Stage Cases

‘Pre-charge’, also called the ‘Investigation Stage’ of a criminal case is the stage when someone is under observation for a criminal offense, but no formal action has been taken. When someone is involved in such a situation, it can have a significant negative impact on different areas of their life. This initial state precedes any formal charges. Usually, a person is considered to be involved in a pre-charge stage when they have been arrested by the law enforcement and have been questioned, but later released without facing any charges. This means that the person stands in imminent danger of getting arrested anytime if police find any evidence against them.

Even if the person has not been convicted, the arrest itself may be recorded and documented, which can have a negative impact on their personal life. Their story may make it to the newspaper headline, or it may be put up on any of the news reporting websites. The individual is stuck in the pre-charge stage after being arrested, until they are actually charged with the crime. Anyone who has been arrested in connection to a crime but was later released without charges, is advised to consult a qualified criminal defense attorney. (more…)


The Many Types of White Collar Crimes

Defined as nonviolent crimes committed by an employee for personal financial gain, white collar crimes most typically involve office-based workers, business managers, fund managers, accountants or executives. There are several common types of white collar crime in which you should speak with a criminal defense attorney in Orlando. These crimes include:

  • Bank Fraud, as part of which the employee engages in activity to defraud a bank of funds or commits a crime using the bank accounts of their employer
  • Blackmail, a scheme during which the criminal demands money in exchange for relief from threats to cause bodily harm, property damage or reputation damage
  • Bribery, during which the criminal offers money or something of value in exchange for influence over specific decisions or actions
  • Telecommunications Fraud, the unauthorized use, manipulation or tampering of telephone or cell phone services for one’s own benefit
  • Computer Fraud, the unauthorized use of or hacking into a computer system or network to illegally obtain information or proprietary secrets
  • Counterfeiting, the illegal reproduction or copying of an item for personal gain, such as the copying of clothing, watches, handbags, documents or money
  • Credit Card Fraud, the knowing or unauthorized use of credit cards to obtain personal items or for unauthorized purchases
  • Currency Schemes, such as speculation on currency future values

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What are my Options After a Conviction?

Just because you have been convicted of a crime does not mean that you have lost your case entirely. There is a Post Conviction Issues/Appeals process that seeks to overturn your conviction or modify the terms of a sentence. If you have lost civil rights due to a conviction, such as the right to vote, these right can sometimes be restored. An experienced criminal defense attorney can appeal your case in order to seek a more favorable outcome.

Post Conviction Relief Arizona: Filing PCR Petitions:
If a Defendant feels that he had ineffective assistance of counsel (this usually occurs with public defender cases); newly discovered evidence has been found which supports his innocence; or there has been a substantive change in the law, then he can file a “Post Conviction Relief Petition” (PCR).


Read more on Post Conviction Relief in Arizona.

Appeals:
A Defendant has 14 days from the date of their sentencing to file a “Notice of Appeal”. Also filed along with that is a “Designation of Record”. This will designate all of the documents and court reporter transcripts which will be necessary for the appeal. The higher court then issues a “Briefing Schedule” which gives time limits on when the “Appellant’s Brief” is to be filed.


Read more on Appeals.

Habeas Corpus:
“Habeas Corpus” is a Latin term for “that you have the body”. A Writ of Habeas Corpus is a motion which is filed most frequently to ensure that a Defendant’s imprisonment or detention is not illegal. It is sometimes used to test the legalities of an arrest or a commitment.

Read more on Habeas Corpus.

Sentence Modifications:
A “Motion to Modify Sentence” or “Motion to Modify Probation” can be filed at any time after the original Sentencing has occurred. Sometimes this can be as simple as asking for monthly probation fee or restitution fee to be reduced due to the financial hardship on a Defendant. Other times, it can include the deferral or deletion of jail time which was scheduled to begin at a future date.

Read more on Sentence Modifications.

Petition for Early Termination of Probation:
It is possible to terminate the probation in many cases when the Defendant has served approximately 50% of his probation term. In some cases, this can be done at a much earlier date. In fact, we have had numerous cases where a person has been placed on “lifetime probation” and we have had them terminated at a much earlier date (in one case, after a mere year and a half (1.5 years) from the date of sentencing).

Read more on Petition for Early Termination of Probation.

Expungement / Restoration of Civil Rights:
In Arizona, there is no such thing as a “Expungement”. However, Arizona does provide for what is known as a “Judgment of Guilt Set Aside” and a “Restoration of Civil Rights”. In essence, if the Judge grants the Motion to Set Aside Judgment of Guilt, then a Defendant can tell people that he has not previously been convicted of a crime.


Read more on Expungement / Restoration of Civil Rights.

Arizona Rule 32:
Under rule 32 of the Arizona Rules of Criminal Procedure, an individual may appeal a conviction for one of three reasons: ineffective assistance of counsel, newly discovered evidence, or substantive change of law. Ineffective assistance of counsel refers to situations in which a defendant’s lawyer provided unprofessional or substandard representation that materially affected the outcome of the court proceedings. It is not enough to prove that a defendant received poor representation; you must also prove that the outcome of the case would have been better had you received more effective counsel.


Read more on Arizona Rule 32.

If there is an avenue for an Appeal of your case or a way to modify the terms of a conviction, the Cantor Criminal Defense Attorneys will find it and utilize it to your benefit.

The Cantor Arizona Defense Lawyers Team – BEYOND AGGRESSIVE!!!

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Defense Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it’s lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.

The Criminal Defense Attorneys on the Cantor Team offer BEYOND AGGRESSIVE legal defense for Appeals and Post Conviction Relief issues in all courts in the Phoenix metro area, including Scottsdale, Mesa, Tempe, Glendale, Goodyear, Chandler, Gilbert, Fountain Hills, Buckeye, Avondale, Paradise Valley, Peoria, Surprise, Sun City, El Mirage and in all city, state and federal court jurisdictions throughout the State of Arizona.

Contact DM Cantor and speak to an Arizona Defense Lawyer about your case. We will assist you with your Post Conviction Issues.


What are Fraudulent Schemes in Arizona?

In the Phoenix area or anywhere else in the state of Arizona, as per A.R.S. §13-2310, the crime of fraudulent schemes is committed when an individual creates a scheme or artifice to defraud, which involves the attempt to defraud knowingly and when they receive a benefit as a result. A scheme or artifice to defraud means that a person intended to gain an unfair benefit or that another person was deprived of the right of honest services. For a defendant to be convicted of this crime, it is not necessary that the individual who was defrauded actually relied on said fraud.

Here is a short video where David Cantor explains Fraudulent Schemes in Arizona:

Punishment for Fraudulent Schemes Conviction

If you are convicted of a first offense fraudulent scheme, it is considered a class 2 felony. The punishment for such a conviction includes probation with zero days to up to one year in jail or a prison sentence ranging anywhere from three to 12.5 years. With one prior conviction, the prison only term ranges from four and one half to 23.25 years of incarceration. If the individual has two prior convictions, the prison sentence can range anywhere from 10.5 to 35 years of time served.

If the monetary amount the individual received is $100,000 or greater, they would not receive probation and the punishment of prison is instituted. However, a skilled defense attorney would strive to get you the minimum sentence instead of the maximum.

Defenses to Fraudulent Schemes in Arizona

There are several different tactics a skilled defense attorney can take toward defending an individual who is charged with the crime of fraudulent schemes in Arizona. Generally speaking, the key to a successful defense involves the lawyer showing that the defendant never meant to defraud anyone and did not knowingly do so. To accomplish this, the attorney must present evidence that shows that the individual never created a scheme or artifice to obtain a benefit in a fraudulent manner from another person. In addition, it has to be proven that any benefit the defendant did receive was either through the consent of the so called victim or via mutual understanding between the two individuals. A third option is to prove that the defendant never actually received any benefit. Many times, a person may be accused of fraudulent schemes by a dishonest employer. For example, a person may be informed that they can pay for personal expenses with company checks as a bonus and that the employer can write it off on taxes. However, when or if the employment relationship sours or there are tax issues, the employer turns around and accuses the employee of embezzlement.

Other possible defenses include violation of Miranda rights where an individual was not read their rights when arrested, denial of right to counsel, meaning the individual asked to speak to an attorney but was not granted that right, that the police coerced them to falsely confess and forensic flaws during the investigation.

If you have been suspected of Fraudulent Schemes in Arizona and would like to speak with an attorney, please give us a call at (602) 307-0808 to schedule a free consultation. If you would like, you can also send us an email and we’ll contact you back as soon as possible. We look forward to hearing from you soon.


What to Do if You’re Charged with Criminal Fraud

If you have been charged with criminal fraud, theft, racketeering, money laundering, robbery, forgery, extortion, false reporting, shoplifting or other white collar crimes, you’re going to require a skilled Arizona criminal attorney.

Many times people are accused of Fraud by dishonest business partners or employers. Sometimes the Defendant has been told that they can pay personal expenses with company checks as a sort of “bonus” that the employer can then write off as a taxable event (i.e., “Lack of Knowledge” and “Lack of Intent”). When the relationship goes bad, the employer then simply accuses the employee of some sort of “Embezzlement”. Also, business deals may fall apart and an accuser can simply claim that they were misinformed or that key elements were omitted (i.e., “material omissions”) which caused them a loss. It is important to have all elements of the case analyzed thoroughly.

Click to learn more about possible defenses and/or punishment for criminal fraud.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). David Michael Cantor is a Fraud Attorney in Arizona and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 602-307-0808, or contact Arizona Criminal Attorney David Michael Cantor.


The Advantage of a White Collar Attorney in Arizona

Ask any white collar attorney in Arizona. Ever since the Enron Scandal, prosecutors have become more sensitive to white collar crimes and have begun to prosecute them more vehemently. While your average district attorney may not prosecute cases as complex and far reaching as the Enron debacle, even straight forward white collar cases can present defense challenges for the white collar attorney.

While public defenders and private defense firms may cover a broad spectrum of crimes, the experience of a white collar attorney is dramatically different from that of any other. The defense counsel are often overwhelmed by the amount of paperwork a prosecutor can produce, especially if the counsel typically deals with narcotics, violent crime or other criminal specialties. Ideally, it’s best to go with a white collar attorney who knows the ins and outs of white collar criminal cases and can handle the sheer amount of paperwork that’s involved.

A lack of statutory and case law guidance on white collar crimes issues in regards to discovery matters  presents considerable challenges to both prosecutor and white collar attorney alike. Researching federal cases law relating to white collar criminal discovery gives judges guidance at the state level. While state case law if preferable, a white collar attorney has the opportunity to educate the judiciary on discovery issues unique to white collar crime, as the judiciary may be willing to incorporate federal case law in their decisions, particularly that requiring prosecutors to disclose the documents they intend to use during trial.

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Click to Watch Important Questions to Ask when Hiring a Lawyer

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