Arizona criminal charge
Residential mortgage fraud in Arizona
Residential mortgage fraud is a criminal offense under Arizona law, defined by A.R.S. § 13-2320. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-2320.
What is the penalty for residential mortgage fraud in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 18 months to 36 months (Residential mortgage fraud - base offense — Applies to a person who violates this section, absent a pattern of residential mortgage fraud or conspiracy to engage in such a pattern.; presumptive 2.5 years; mitigated 1 year / aggravated 3.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Residential mortgage fraud - base offense — Applies to a person who violates this section, absent a pattern of residential mortgage fraud or conspiracy to engage in such a pattern.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 4 years to 10 years (Residential mortgage fraud - pattern or conspiracy — Applies when a person engages or participates in a pattern of residential mortgage fraud, or conspires to engage or participate in such a pattern.; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Residential mortgage fraud - pattern or conspiracy — Applies when a person engages or participates in a pattern of residential mortgage fraud, or conspires to engage or participate in such a pattern.; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 2.5 years.
How is residential mortgage fraud classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Residential mortgage fraud - base offense | Class 4 Felony | Applies to a person who violates this section, absent a pattern of residential mortgage fraud or conspiracy to engage in such a pattern. | A.R.S. § 13-2320D |
| Residential mortgage fraud - pattern or conspiracy | Class 2 Felony | Applies when a person engages or participates in a pattern of residential mortgage fraud, or conspires to engage or participate in such a pattern. | A.R.S. § 13-2320D |
Common questions about residential mortgage fraud in Arizona
Is residential mortgage fraud a felony or a misdemeanor in Arizona?
It depends on the circumstances: residential mortgage fraud ranges from a Class 4 Felony to a Class 2 Felony in Arizona under A.R.S. § 13-2320.
Residential mortgage fraud - base offense: Class 4 Felony (A.R.S. § 13-2320D) · Residential mortgage fraud - pattern or conspiracy: Class 2 Felony (A.R.S. § 13-2320D)
What are the penalties for residential mortgage fraud in Arizona?
Penalties for residential mortgage fraud in Arizona depend on how it is classified — from a Class 4 Felony up to a Class 2 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.
Which Arizona statute covers residential mortgage fraud?
Residential mortgage fraud is governed by A.R.S. § 13-2320 (Residential mortgage fraud; classification; definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.