Understanding the Arizona Embezzlement Statute: ARS 13-1802

Facing ARS embezzlement charges can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information on the specifics of the charge and the potential penalties, helping you navigate each step of the process. 

This guide provides an in-depth examination of Arizona’s embezzlement laws, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of the charge. 

Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona white collar crimes attorney. If you are charged with embezzlement, let Lawyer Listed match you with your ideal white collar crimes lawyer as soon as possible.

What Is ARS Embezzlement?

ARS Embezzlement

Embezzlement in Arizona is prosecuted under the state’s general theft law, ARS 13-1802. Under this statute, embezzlement occurs when a person who has been entrusted with property, such as money, goods, or other valuable items, intentionally uses that property for their own benefit without the owner’s permission.

The key distinction is trust. Unlike other theft crimes, embezzlement involves lawful access to property or funds that were entrusted for management, handling, or safekeeping. The crime happens when that trust is broken and the property is used for personal gain instead of for the owner’s benefit.

Because of this element of trust, embezzlement cases often involve employees or managers with access to company funds, accountants or bookkeepers responsible for financial records, business partners or associates handling shared assets, and others who are placed in a position to manage property on behalf of another person or organization. 

Elements of Embezzlement

To convict you of embezzlement, the prosecution must prove the following elements beyond a reasonable doubt:

  • Position of trust 

You were given access to the property in a legitimate way. This means you did not steal it outright, but instead had permission to hold, manage, or oversee it.

  • Knowing misuse 

You knowingly acted in a way that deprived the rightful owner of their property. In other words, you used it in a way that went against the owner’s rights.

  • Intentional deprivation for personal benefit 

You intended to use the property for yourself or for someone other than the rightful owner, rather than for the purpose it was entrusted to you.

Key Concepts of Embezzlement

  • Intentionally / With intent to: Acting with the objective of causing a specific result or engaging in particular conduct. In plain terms, you meant to do it.
  • Knowingly: You are aware of your actions or the circumstances that make up the offense. It doesn’t require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.

Common Embezzlement Schemes

Embezzlement in Arizona often involves deceptive financial practices. These schemes can be as simple as a single false transaction or as complex as longrunning operations that unfold over months or even years. Understanding how these schemes typically work can help you make sense of the charges against you and the type of evidence prosecutors may rely on.

  • Fake vendor payments and ghost vendors: An employee creates fictitious vendors or suppliers in a company’s accounting system. They then generate false invoices from these non-existent vendors and use company funds to pay them. The payments, however, are directed to accounts secretly controlled by the embezzler. Because large organizations often deal with many legitimate vendors, this type of fraud can be difficult to detect without careful auditing.
  • Expense reimbursement fraud: An employee submits false or inflated expense reports to their employer. They might claim reimbursement for personal expenses that had nothing to do with the business, submit receipts for items they never purchased, or inflate the actual cost of legitimate business expenses. Over time, these fraudulent reimbursements can add up to significant amounts of stolen money.
  • Check fraud and forgery: Writing unauthorized checks to oneself, a family member, or an accomplice. Another variation is intercepting checks meant for legitimate vendors, forging endorsements, and depositing them into personal accounts. Some embezzlers also alter the amounts on valid checks after they have been signed, pocketing the difference.
  • Payroll manipulation: Adding fictitious employees, sometimes called “ghost employees,” and directing their paychecks to accounts controlled by the embezzler. Other variations involve inflating hours worked, issuing unauthorized bonuses, or continuing to process paychecks for employees who have already left the company.
  • Skimming and cash theft: Taking money before it is officially recorded in the company’s books. This is most common in businesses that handle large amounts of cash, such as restaurants or retail stores. By pocketing cash payments before recording the sale, the theft becomes harder to detect through standard bookkeeping.
  • Misuse of credit cards: Using a company credit card for personal expenses. This can include personal travel, entertainment, shopping, or other charges that have no legitimate business purpose but are billed to the company.

These schemes represent just some of the ways embezzlement can occur. Each case is unique, and the specific facts of your situation will determine the charges you face and the potential defenses available to you. 

Arizona Statute of Limitations for Embezzlement

The statute of limitations is the deadline for prosecutors to file criminal charges after an alleged offense. In cases of embezzlement, the applicable time limit depends on how the offense is classified. If the case is treated as a misdemeanor, prosecutors must file charges within one year from the date of the incident. If the case is treated as a felony, the law allows a longer period, giving prosecutors up to seven years from the date of the crime. 

Sentencing for Embezzlement

Sentencing Under Arizona Laws Lawyer Listed

The penalties for embezzlement in Arizona are substantial and can have longlasting consequences, with sentences varying significantly based on your prior criminal history and the circumstances surrounding the crime. Understanding these potential consequences is essential to making informed decisions about your defense strategy.

Crime Classification

The classification of the offense is determined by the total value of the entrusted property or assets. 

  • Class 2 felony: embezzlement of $25,000 or more
  • Class 3 felony: embezzlement amount $4,000 – $24,999 
  • Class 4 felony: embezzlement amount $3,000 – $3,999 
  • Class 5 felony: embezzlement amount $2,000 – $2,999
  • Class 6 felony: embezzlement amount $1,000 – $1,999 
  • Class 1 misdemeanor: embezzlement of less than $1,000 
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Penalties for Embezzlement

The following table provides a comprehensive overview of the potential sentences for each class of ARS embezzlement:

Offense Charge Prison Probation (max)
Value: $25,000 or more Class 2 felony Prison: 3 – 12.5 years 7 years
Value: $4,000 – $24,999 Class 3 felony Prison: 2 – 8.75 years 5 years
Value: $3,000 – $3,999 Class 4 felony Prison: 1 – 3.75 years 4 years
Value: $2,000 – $2,999 Class 5 felony Prison: 0.5 – 2.5 years 3 years
Value: $1,000 – $1,999 Class 6 felony Prison: 0.33 – 2 years 3 years
Value: Less than $1,000 Class 1 misdemeanor Jail: Up to 6 months 3 years

Frequently Asked Questions (FAQs)

Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.

Key Takeaways:

  • Definition: Embezzlement in Arizona, as defined under ARS 13-1802, occurs when someone entrusted with property—such as money, goods, or other items—intentionally uses that property for personal benefit without the owner’s permission. The key element that distinguishes embezzlement from other theft crimes is the violation of trust.  
  • Elements of embezzlement: To be convicted of embezzlement in Arizona, prosecutors must show that you were in a position of trust, meaning you had lawful access to the property. They must also prove that you knowingly misused that property in a way that went against the owner’s rights. Finally, prosecutors must establish that you acted with the intent to benefit yourself or someone else, rather than using the property for the purpose it was entrusted to you.
  • Common Schemes: Embezzlement can take many forms, but some methods are more common than others. Common schemes include creating fake vendor payments through ghost vendors, submitting fraudulent expense reimbursement claims for personal expenses, engaging in check fraud by writing unauthorized checks or forging endorsements, manipulating payroll through ghost employees, skimming cash before it is recorded in company books, and using company credit cards for personal expenses.
  • Sentencing: 
      • Embezzlement of less than $1,000: Classified as a Class 1 misdemeanor with a potential jail sentence up to 6 months and/or up to 3 years of probation.
      • Embezzlement value between $1,000 and $1,999: Classified as a Class 6 felony with a potential prison sentence ranging from 4 months to 2 years and/or up to 3 years of probation.
      • Embezzlement value between $2,000 and $2,999: Classified as a Class 5 felony with a potential prison sentence ranging from 6 months to 2.5 years and/or up to 3 years of probation.
      • Embezzlement value between $3,000 and $3,999: Classified as a Class 4 felony with a potential prison sentence ranging from 1 year to 3.75 years and/or up to 4 years of probation.
      • Embezzlement value between $4,000 and $24,999: Classified as a Class 3 felony with a potential prison sentence ranging from 2 years to 8.75 years and/or up to 5 years of probation.
      • Embezzlement value of $25,000 or more : Classified as a Class 2 felony with a potential prison sentence ranging from 3 years to 12.5 years and/or up to 7 years of probation.
  • Statute of limitations: The statute of limitations for embezzlement is 1 year for misdemeanor offenses and 7 years for felony offenses. 

Next Steps:

Embezzlement in Arizona is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights. 

If you’re facing ARS embezzlement charges, engaging a skilled white collar crimes attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.