Fraud and Theft
The Law Offices of Kristopher K Rezagholi has handled nearly every type of fraud and theft related crimes. We are experienced in finding technical defects in the Prosecutor’s case as well as identifying possible constitutional violations which can result in charges being dismissed or reduced. Getting convicted of a theft-related crime can all but prevent you from ever getting a job or ruin your chances of gaining U.S. Citizenship. If charged with a theft related crime you must contest the charges.
Fighting the Charges:
Challenging Theft or Fraud Charges often include disputing that you intended to remove or keep the property/money alleged to have been stolen. For example, if you are accused of shoplifting it is a defense to argue that you simply forgot to pay or never intended to leave the scene without paying. Or if witnesses cannot recall the exact details or security footage is inconclusive we can obtain an acquittal. In cases of burglary, if you thought you had a right to be in the premies or to take or use the property these can be potential defenses.
In more complex fraud cases we can often show that there was never an intent to deprive someone of their money. For example, if you lost money over a bad deal or circumstances changed after you acquired funds these can be potential defenses. We can also hire are own forensic accountants or other experts to detail or explain the transfer of funds for legitimate purposes.
Additionally, we look for violations of your constitutional rights that can lead to evidence being suppressed or the charges dismissed. For example, if the officer got you to make admissions about the assault BEFORE he/she read you your miranda rights we may be able to suppress your admission. Or if the officer stopped you without probable cause or searched you or your documents, phone, emails or vehicle without consent these could all be violations of your rights.
So it is very important that if you are charged with a theft or fraud crime that you contact us for a free consultation so we can evaluate your case.
Types of Theft Charges:
Shoplifting is a crime under A.R.S. 13-1805. You can be charged as a misdemeanor or felony. The key factor in determining what type of shoplifting charge you will be facing is the value of the stolen property.
|Shoplifting Class Type||Value of Stolen Property||Minium Sentence||Maximum Sentence||Probation/Jail alternatives available|
|Class 4 Felony||Any value with 2 prior theft convictions in last 5 years.||1 1/2 years in prison||3 years in prison|
|Class 5 Felony||$2,500+||3/4 years in prison||2 years in prison||Yes|
|Class 6 Felony||$2,499 – $1000 or a firearm is stolen||1/2 years in prison||1 1/2 years in prison||Yes|
|Class 1 Misdemeanor||$999 or less||0 days||6 months in jail||Yes|
Burglary in Arizona is generally covered by three statutes. Burglary in the 3rd Degree A.R.S 13-1506; Burglary in the 2nd Degree A.R.S. 13-1507; and Burglary in the 1st Degree A.R.S. 13-1508.
Burglary in the 3rd Degree simply means a burglary on a non-residential area such as a motor vehicle or place of business. Burglary in the 2nd Degree simply means a burglary on a residential structure such as a house or apartment. And finally, burglary in the first degree is any burglary with the use of a deadly weapon such as a knife or gun.
|Burglary Type||Felony Class||Minium Sentence||Maximum Sentence||Probation/Jail alternatives available|
|3rd Degree||2nd Degree||1 1/2 years in prison||3 years in prison||Yes|
|2nd Degree||Class 3||2 1/2 years in prison||7 years in prison||Yes|
|1st Degree||Class 2||4 years in prison||10 years in prison||Yes|