Understanding Credit Card Fraud in Arizona: ARS 13-2105
Facing charges for credit card fraud in Arizona 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 credit card fraud 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 credit card fraud, let Lawyer Listed match you with your ideal white collar crimes lawyer as soon as possible.
What Is Credit Card Fraud in Arizona?
Arizona’s credit card fraud law covers a broad range of illegal activities involving the unauthorized use of credit cards or credit card numbers. In general, the law applies when a credit card or a credit card number is used to obtain money, goods, or services through deceptive means.
Elements of Fraudulent Use of a Credit Card
To convict you of fraudulent use of a credit card, the prosecution must prove that you acted with intent to defraud and did at least one of the following:
- Used an invalid or unlawfully obtained credit card or number:
You used a credit card or credit card number for the purpose of obtaining or attempting to obtain money, goods, services, or anything else of value, and the credit card or credit number was either:
- obtained or kept illegally, or
- known by you to be forged, expired, canceled, or revoked.
- Pretended to be the cardholder without consent:
You obtained or attempted to obtain money, goods, services, or anything of value by falsely claiming to be the rightful cardholder, without that cardholder’s permission.
- Claimed to have a card that does not exist:
You obtained or attempted to obtain money, goods, services, or anything of value by pretending to be the holder of a credit card that had never been issued.
Key Concepts of Credit Card Fraud
General Terms
- 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.
- Attempt: Taking steps toward carrying out a specific crime with the intent required for the commission of such crime. This includes conduct that would be criminal if the circumstances were as the person believed, any act or omission that advances a planned offense, or conduct intended to help another commit a crime—even if that other person does not commit or attempt it. Impossibility is not a defense if the person believed the crime could be completed.
- Obtain: Getting property, services, or trade secrets, either for yourself or for someone else.
Credit Card Terms
- Issuer: Any business, government agency, financial institution, or its authorized agent that provides or issues credit cards.
- Cardholder: Any person identified on the face of a credit card as the individual to whom the card is issued, or for whose benefit it is issued. The term also includes anyone who has possession of the card with the consent of the person to whom it was originally issued.
- Credit card: Any card, device, or assigned number that allows a person to obtain money, goods, services, or other things of value. This includes traditional credit or charge cards issued for use on credit, debit cards, or benefit cards that draw directly from an account (but not paper checks), stored‑value or smart cards that use preloaded funds, and the identifying numbers linked to any of these, whether or not the physical card is used.
- Expired credit card: A credit card that has lost its validity because the expiration date printed on it has passed.
- Canceled or revoked credit card: A credit card that is no longer valid because the issuer has suspended, revoked, or ended the cardholder’s permission to use it. This occurs when the issuer sends written notice by certified or registered mail to the cardholder’s last known address. Once the notice is deposited in the U.S. mail in this manner, it is legally presumed that the cardholder has received it.
Arizona Statute of Limitations for Credit Card Fraud
The statute of limitations is the deadline for prosecutors to file criminal charges after an alleged offense. In cases of credit card fraud, 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 fraudulent use.
Sentencing for Credit Card Fraud
The penalties for credit card fraud in Arizona are substantial and can have long‑lasting 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 all money, goods, services, and other items of value obtained or attempted to be obtained during any consecutive six-month period.
- Class 5 felony: Total value of $1,000 or more.
- Class 6 felony: Total value of more than $250 but less than $1,000.
- Class 1 misdemeanor: Total value less than $250.
Penalties for Credit Card Fraud
The following table provides a comprehensive overview of the potential sentences for each class of credit card fraud offense:
| Offense | Charge | Prison | Probation (max) |
|---|---|---|---|
| Value: $1,000 or more | Class 5 felony | Prison: 0.5 – 2.5 years | 3 years |
| Value: $250 - $999 | Class 6 felony | Prison: 0.33 – 2 years | 3 years |
| Value: Less than $250 | 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: Under ARS 13-2105, credit card fraud in Arizona involves using a credit card with the intent to defraud others. This includes using credit cards that are stolen, forged, expired, canceled, or unauthorized. The law is broad and covers many different types of fraudulent behavior involving credit cards. The key element is always the intent to defraud someone and obtain something of value that you are not entitled to receive.
- Elements of credit card fraud: To prove fraudulent use of a credit card, the State must show you acted with intent to defraud by either using a credit card or credit card number you knew was invalid or unlawfully obtained, falsely claiming to be the cardholder without consent, or pretending to have a card that was never issued.
- Sentencing:
- The seriousness of credit card fraud depends on the total value obtained or attempted to be obtained within any six‑month period, and the higher the combined value, the more severe the classification of the offense.
- Credit card fraud less than $250: Classified as a Class 1 misdemeanor with a potential jail sentence up to 6 months and/or up to 3 years of probation.
- Credit card fraud between $250 and $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.
- Credit card fraud greater than $1,000: 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.
- The seriousness of credit card fraud depends on the total value obtained or attempted to be obtained within any six‑month period, and the higher the combined value, the more severe the classification of the offense.
- Statute of limitations: The statute of limitations for credit card fraud is 1 year for misdemeanor offenses and 7 years for felony offenses.
Next Steps:
Credit card fraud 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 credit card fraud 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.