A Class 6 felony Unemployment Fraud charge tied to over $16,000 in alleged improper benefits carried prison or probation exposure, loss of civil rights, and a permanent felony record. Future First amended the charge to a Class 1 Misdemeanor with no probation and a $400 fine.
At a glance
| Court | Maricopa County Superior Court |
| Original charge | Unemployment Insurance Fraud / False Statements (ARS § 23-785), Class 6 Felony |
| Presumptive exposure | Permanent felony record, possible prison or probation, loss of voting and firearm rights while under sentence, immigration and licensing consequences |
| Result | State amended charge to Class 1 Misdemeanor under the misdemeanor provision of ARS § 23-785; no probation imposed; $400 fine paid in full at sentencing; all restitution paid before plea; civil rights preserved; no ongoing supervision |
| Eligibility for set aside | At sentencing under ARS § 13-905 (no probation term to complete) |
| Eligibility for sealing | Approximately 2027 under ARS § 13-911, three years after sentence completion |
The stakes
The client faced an unemployment insurance fraud case in Maricopa County Superior Court tied to more than $16,000 in alleged improper benefits. Felony unemployment fraud carries a permanent felony record, prison or probation exposure, loss of the right to vote and possess firearms while under sentence, immigration risk, and licensing problems for any regulated trade or profession. The Superior Court venue confirms the case was charged at the felony level.
What we did
Future First negotiated the case down to a Class 1 Misdemeanor under ARS § 23-785 with no probation imposed. The client paid a $400 fine at sentencing and had already paid all restitution before the plea, which gave the State no reason to seek further supervision. No felony record. Civil rights preserved. Set aside under ARS § 13-905 became available at sentencing because there was no probation term to complete. Sealing records under ARS § 13-911 eligible approximately 2027, three years after sentence completion.
What our clients say
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If you’re facing felony unemployment or benefits fraud in Arizona
Arizona’s Unemployment Insurance Fraud statute under ARS § 23-785 covers false statements made to obtain unemployment benefits. The statute has both a Class 6 felony tier and a Class 1 Misdemeanor tier. The State typically charges at the felony level when the alleged benefits amount exceeds certain thresholds, but the felony classification is not automatic — defense work can move cases to the misdemeanor tier when the facts and the restitution posture support it.
Paying restitution in full before the plea is one of the strongest defense moves in benefits-fraud cases. When the State sees full restitution already paid, the prosecutorial interest in continued supervision drops significantly. The remaining issue is the criminal record, which the misdemeanor amendment addresses.
Future First Criminal Law has handled white-collar felony cases across Maricopa County. We know how MCAO evaluates amendment requests on benefits-fraud cases and how pre-plea restitution payment changes the negotiation posture.
Related resources
- Arizona criminal defense — full overview of how we handle felony and misdemeanor charges
- Set aside and sealing in Arizona — how to clean up your record after a conviction
Call us
Facing a felony unemployment or benefits fraud charge in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of felony cases across Arizona. The earlier we are involved, the more options you have.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona unemployment insurance law, visit the Arizona State Legislature website.