Criminal Defense Lawyers

Understanding Arizona’s Sentencing Guidelines for White-Collar Crimes

Understanding Arizona’s Sentencing Guidelines for White-Collar Crimes

What are White-Collar Crimes?

White-collar crimes are non-violent crimes, usually committed for financial gain. They involve things like fraud, bribery, insider trading, embezzlement, and money laundering. Basically, any illegal act involving deception for profit falls under this category.Some common examples in Arizona include:

• Insurance fraud – Like faking an injury to get an insurance payout. This (https://www.azcentral.com/story/news/local/arizona-investigations/2019/04/11/arizona-insurance-fraud-rings-cost-consumers-millions/3402404002/) article talks about huge fraud rings.
• Tax evasion – Not paying the taxes you owe, like what happened with (https://www.justice.gov/usao-az/pr/former-professional-baseball-player-sentenced-tax-evasion) this ex-baseball player.
• Securities fraud – Lying about financial info to trick investors, like this (https://www.phoenixnewtimes.com/news/arizona-company-vemma-nutrition-accused-of-pyramid-scheme-by-ftc-7263451) alleged pyramid scheme.
• Embezzlement – Stealing money from your employer, like this (https://www.abc15.com/news/local-news/investigations/former-arizona-car-dealership-employee-accused-of-embezzling-over-1-million) car dealership case.

White-collar crimes are treated pretty seriously here in Arizona. The penalties can be harsh, especially for higher dollar amounts stolen. That’s why it’s so important to understand the sentencing guidelines if you’re facing charges.

Arizona’s Sentencing Guidelines Explained

Arizona has pretty strict guidelines for sentencing white-collar criminals. The main factors are:

1. The dollar value of the fraud/theft
2. Your prior criminal record
3. Whether you used a “position of trust” (like being an accountant)

Dollar Value Ranges

For fraud and theft cases, Arizona separates the charges into different dollar value “ranges” with minimum and maximum sentences:

• Under $1,000 – Class 6 felony (4 months to 2 years prison)
• $1,000 – $2,000 – Class 6 felony (6 months to 2.5 years)
• $2,000 – $4,000 – Class 5 felony (6 months to 2.5 years)
• $4,000 – $25,000 – Class 4 felony (1 to 3.75 years)
• $25,000 – $100,000 – Class 3 felony (2 to 8.75 years)
• Over $100,000 – Class 2 felony (3 to 12.5 years)

So as you can see, the higher the dollar amount, the longer potential prison sentence. And these are just the “baseline” ranges – prior convictions or abuse of trust can increase them.

Prior Convictions

Having prior felony convictions on your record is going to increase your sentencing range. One prior bumps you up to the next higher class. So if you had a $10,000 fraud case as a first offense (Class 4), but had a prior felony conviction, it would be sentenced as a Class 3 instead.

Position of Trust

If you committed the crime by abusing a “position of trust” like being an accountant, banker, lawyer etc. then your sentence can be increased as well. The judge has discretion to consider this an “aggravating factor” and bump you up a class.So those are the main guidelines Arizona uses for white-collar sentencing. As you can see, the potential prison time can really add up, especially for larger fraud amounts or if you have prior convictions.

Potential Defenses for White-Collar Crimes

Just because you’re charged with a white-collar crime doesn’t mean you’re automatically guilty though. There are a number of potential defenses your lawyer could use, like:

• Lack of intent – You didn’t mean to commit fraud/theft, it was an accident or misunderstanding. White-collar crimes require “specific intent.”
• Entrapment – You only committed the crime because law enforcement tricked/coerced you into it, like in (https://www.azcentral.com/story/news/local/arizona-investigations/2019/04/24/operation-pipeline-redux-fbi-undercover-sting-leads-arrests-fraud-charges/3552598002/) this undercover sting case.
• Statute of limitations – For some crimes, if too much time has passed since it occurred, charges can’t be filed. This (https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/00107.htm) explains the statutes in Arizona.
• Constitutional violations – If law enforcement violated your rights (illegal search, coerced confession etc.) the charges could get dismissed.

Your lawyer will analyze all the evidence to determine if any of those defenses, or others, could apply in your specific case.

Potential Penalties Beyond Prison

Even if you avoid prison time, white-collar convictions can carry other serious penalties like:

• Fines/restitution – You may have to pay back all the money defrauded, plus additional fines
• Probation – Lengthy supervised probation terms restricting your freedom
• Asset forfeiture – The court can seize your house, cars, etc. to pay restitution
• Deportation (for non-citizens) – Many white-collar crimes are deportable offenses

So the consequences go far beyond just potential jail/prison time. Your finances and freedom can take a huge hit.

Hiring the Right Lawyer is Crucial

As you can see, the stakes are extremely high if charged with a white-collar crime in Arizona. The sentencing guidelines are complex, and an experienced lawyer is absolutely essential.They’ll be able to look at all the evidence, figure out your best defenses, navigate the court system, and fight to get you the best possible outcome. Don’t try handling a white-collar case yourself – the risks of conviction and harsh sentencing are too great.I’d highly recommend getting a free consultation from a reputable white-collar crime lawyer in your area. Shop around and make sure you have full confidence in their expertise for your specific case.

Key Takeaways

To summarize the main points about Arizona’s white-collar sentencing guidelines:

• Penalties are based primarily on the dollar value of fraud/theft, prior record, and abuse of trust
• Higher dollar amounts and prior felonies lead to longer potential sentences
• Defenses like lack of intent, entrapment, and constitutional violations may apply
• Convictions can also bring fines, probation, asset seizure, and deportation
• Hiring an experienced lawyer is crucial to navigate the complex laws

White-collar crimes are taken extremely seriously here, so it’s important to understand the potential consequences and get proper legal representation. I hope this overview was helpful for explaining Arizona’s approach! Let me know if any other questions.