Fraud Schemes, Theft, Forgery (Maricopa County Superior Court) – Motion to Remand Granted – 4/7/2017


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My Client charged with serious felonies for allegedly falsifying her application with an unearned degree when applying for employment. Based on her application she was hired and granted a larger salary based on the degree that was claimed on the application.

What’s at risk?

My client was looking at 3 to 12.5 years, but because the amount was under $100,000 she was also probation eligible with up to 1 year in the county jail. 

Penalties for committing a felony in Maricopa County

Class 6 felony
 
Class 6 felonies can include charges such as possession of drug paraphernalia, resisting arrest, aggravated DUI, theft, and possession of marijuana.
  • Carries a maximum punishment of 2 years in prison.
  • 3 years of supervised probation
  • $150,000 fine plus surcharges
Class 5 felony
Examples of class 5 felony offenses include theft of a credit card, unlawful flight from law enforcement, criminal damage, theft and aggravated assault on a police officer
  • Carries a maximum punishment of 2.5 years in prison
  • 3 years of supervised probation
  • $150,000 fine plus surcharges
Class 4 felony
Class 4 felony offenses include aggravated DUI, possession of narcotic drugs, possession of dangerous drugs, misconduct involving weapons, forgery, identity theft and burglary.
  • Punishable by a maximum punishment is 3.75 years in prison
  • 4 years of probation
  • $150,000 fine plus surcharges
Class 3 felony
Examples of class 3 felony offenses include theft of a motor vehicle, aggravated assault, possession of marijuana for sale, theft, burglary, aggravated robbery and trafficking stolen property.
  • Punishable by up to 8.75 years in prison
  • 5 years of probation
  • $150,000 fine plus surcharges
Class 2 felony
 
Class 2 felony offenses include possession of narcotic drugs for sale, possession of dangerous drugs for sale, manslaughter, aggravated assault, sexual assault, child prostitution, armed robbery, assisting a criminal street gang, burglary, discharging a firearm, theft and fraudulent schemes.
  • Punishable by up to 12.5 years in prison
  • 7 years of probation
  • $150,000 fine plus surcharges
Class 1 felony

A class 1 felony offense is the most serious crime a person can be charged with and is reserved for murder charges only
Carries a minimum of 25 years to life and has a maximum penalty of the death sentence. 

Defending my Client

I filed a motion on behalf of my client because the case that was presented to the grand jury was done so improperly. A Grand Jury is a secret hearing where a group of people decides if there is probable cause to hold your case over for trial. Consisting of 16 grand jurors, a prosecutor, and the government's witness. Typically the state's witness is the Police.
 
The Grand Jury's role is to determine if probable cause exists to formally charge a defendant with a crime. The defendant and his/her attorney are generally not allowed to attend unless the defendant specifically requests to testify at the Grand Jury and the Grand jurors wish to hear from the accused.
 
The prosecutor agreed with my motion and did not even fight it. The case was then remanded to the grand jury and has yet to be re-filed.
 
If you are facing felony charges, contact Maricopa County Criminal Defense Lawyer Aaron Black for experienced, personal representation you can count on. For a free legal consultation call 480-729-1683.
 

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