Phoenix Credit Card Fraud Attorney

Credit card fraud is on the rise, and law enforcement is aggressively pursuing those they believe to be engaged in this crime. The penalties for credit card fraud can include incarceration and heavy fines. If you have been accused of committing credit card fraud, whether misdemeanor or felony, contact the experienced Phoenix credit card fraud defense lawyers at AZ Defenders for a free consultation.

Why Choose Us

  • At AZ Defenders, our Phoenix defense attorneys have more than 20 years of combined legal experience in the Arizona criminal justice system.
  • Our Phoenix credit card fraud lawyers have significant experience defending clients. We do not settle for guilty pleas and we want to fight for your rights in court.
  • We understand that being accused of a crime can be scary and the process confusing. We handle any and all aspects of each case with dedicated, white-glove service for our client.
  • Our experienced lawyers are established and esteemed members of the Arizona legal community. Founder Craig Rosenstein is on the board of the Arizona Justice Project and one of only a few board-certified DUI lawyers in Arizona.

Do You Need a Phoenix Credit Card Fraud Lawyer?

With countless people impacted by credit card fraud, there is significant attention from lawmakers, law enforcement, and prosecutors in Arizona to arrest and convict those they believe to be involved. Fraudulent use of a credit card with a purchase over $250 will be filed as a felony, with a prison term of up to three years for a first offense, along with $150,000 in fines. The minimum jail time is for this class five felony is six months. The outcome of your case will be the direct result of the actions taken by your Phoenix credit card fraud defense attorney. The first step is a full review and evaluation of the case against you. Exercise your right to remain silent and get legal protection you can trust to go the distance in defending you.

The Phoenix credit card fraud attorneys at AZ Defenders are known for building well-documented, professionally-presented defense cases in white collar crimes, including credit card fraud. Our trial lawyers will fight hard to help you seek a positive outcome, whether an acquittal, reduced charge, dismissal, or probation.

What is Credit Card Fraud?

There are various ways to commit credit card fraud, all of which include intent to defraud in order to get money, goods or services with the use of another person’s credit card without consent. These cases are closely linked to identity theft. Arizona has passed substantial legislation prohibiting credit card fraud, and considers the following criminal actions to be punishable with jail time, fines, probation, and depending on the circumstances, imprisonment.

Theft of a Credit Card or Obtaining a Credit Card by Fraudulent Means

(Per Arizona Revised Statute § 13-2102)

A person commits theft of a credit card or obtaining a credit card by fraudulent means if the person:

  • Controls a credit card without the cardholder’s or issuer’s consent through conduct prescribed in section 13-1802 or 13-1804; or
  • Sells, transfers or conveys a credit card with the intent to defraud; or
  • With intent to defraud, obtains possession, care, custody or control over a credit card as security for debt.
  • This is a Class 5 Felony

Receipt of Anything of Value Obtained by Fraudulent Use of a Credit

(Per Arizona Revised Statute § 13-2103)

A person, being a third party, commits receipt of anything of value obtained by fraudulent use of a credit card by buying or receiving or attempting to buy or receive money, goods, services or any other thing of value obtained in violation of section 13-2105, knowing or believing that it was so obtained.

Receipt of anything of value obtained by fraudulent use of a credit card is a class 1 misdemeanor if the value of the property bought or received or attempted to be bought or received is less than two hundred fifty dollars. If the value of the property bought or received or attempted to be bought or received is two hundred fifty dollars or more but less than one thousand dollars the offense is a class 6 felony. If the value of the property bought or received or attempted to be bought or received is one thousand dollars or more the offense is a class 5 felony. Amounts obtained by fraudulent use of a credit card pursuant to one scheme or course of conduct, whether from one or several persons, may be aggregated in determining the classification of offense.

Forgery of a Credit Card

(Per Arizona Revised Statute § 13-2104)

A person commits forgery of a credit card if:

  • With intent to defraud, alters any credit card, falsely makes, manufactures, fabricates or causes to be made, manufactured or fabricated an instrument or device purporting to be a credit card without the express authorization of an issuer to do so, or falsely embosses or alters a credit card, or instrument or device purporting to be a credit card, or utters such a credit card or instrument or device purporting to be a credit card; or
  • A person other than the cardholder, with intent to defraud, signs the name of any actual or fictitious person to a credit card or instrument for the payment of money which evidences a credit card transaction.
  • This is a Class 4 Felony.

Fraudulent Use of a Credit Card

(Per Arizona Revised Statute § 13-2105)

A person commits fraudulent use of a credit card if:

  • With intent to defraud, uses, for the purposes of obtaining or attempting to obtain money, goods, services or any other thing of value, a credit card or credit card number obtained or retained in violation of this chapter or a credit card or credit card number which the person knows is forged, expired, cancelled or revoked; or
  • A person obtains or attempts to obtain money, goods, services or any other thing of value by representing, without the consent of the cardholder, that the person is the holder to a specified card or by representing that the person is the holder of a credit card and the card has not in fact been issued.
  • Fraudulent use of a credit card is a class 1 misdemeanor. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is two hundred fifty dollars or more but less than one thousand dollars in any consecutive six-month period the offense is a class 6 felony. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is one thousand dollars or more in any consecutive six-month period the offense is a class 5 felony.

Possession of machinery plate or contrivance or incomplete credit card

(Per Arizona Revised Statute § 13-2106)

A person commits possession of machinery, plate or other contrivance or incomplete credit card if such person:

  1. Possesses an incomplete credit card with intent to complete it without the express consent of the issuer.
  2. Possesses, with intent to defraud and with knowledge of its character, any machinery, plate or any other contrivance designed to reproduce an instrument or device purporting to be the credit card of an issuer who has not consented to the preparation of such credit card.

Possession of machinery, plate or other contrivance or incomplete credit card in subsection A, paragraph 1 is a class 1 misdemeanor and a class 6 felony in subsection A, paragraph 2.

False statement as to financial condition or identity

(Per Arizona Revised Statute § 13-2107)

  1. A person commits false statement as to financial condition or identity if the person makes or causes to be made, either directly or indirectly, any false statement in writing as to a material fact, knowing it to be false, with the intent that it be relied on respecting the identity of that person or of any other person, firm or corporation or the financial condition of that person or of any other person, firm or corporation, for the purpose of procuring the issuance of a credit card.
  2. False statement as to financial condition or identity is a class 5 felony.

Fraud by person authorized to provide goods or services

(Per Arizona Revised Statute § 13-2108)

  1. A person commits fraud by a person authorized to provide goods or services if such person knowingly:
  2. Furnishes money, goods, services or any other thing of value upon presentation of a credit card obtained or retained in violation of section 13-2102 or a credit card which such person knows is forged, expired, cancelled or revoked.
  3. Fails to furnish money, goods, services or any other thing of value which such person represents in writing to the issuer or a participating party that such person has furnished, and who receives any payment therefor.
  4. Except as provided in subsections C and D, fraud by a person authorized to provide goods or services in subsection A, paragraphs 1 and 2 is a class 1 misdemeanor.
  5. If the payment received by the person for all money, goods, services or other things of value furnished in violation of subsection A, paragraph 1 exceeds one hundred dollars in any consecutive six-month period, the offense is a class 6 felony.
  6. If the difference between the value of all monies, goods, services or any other thing of value actually furnished, and the payment or payments received by the person therefore upon such representation in violation of subsection A, paragraph 2 exceeds one hundred dollars in any consecutive six-month period, the offense is a class 6 felony.

Credit card transaction record theft

(Per Arizona Revised Statute 13-2109)

  1. A person commits credit card transaction record theft by:
  2. If the person is a merchant, knowingly presenting for payment to a participating party, with intent to defraud, a credit card transaction record of a sale that was not made by the merchant.
  3. Knowingly and without the participating party’s authorization commanding, encouraging, requesting or soliciting a merchant to present for payment to the participating party a credit card transaction record of a sale that was not made by the merchant.
  4. In order to determine the classification of the offense, the state may aggregate in the indictment or information amounts that were taken from one or more persons in credit card transaction record theft that was committed pursuant to one scheme or course of conduct.
  5. Credit card transaction record theft with a value of twenty-five thousand dollars or more is a class 2 felony. Credit card transaction record theft with a value of at least three thousand dollars but less than twenty-five thousand dollars is a class 3 felony. Credit card transaction record theft with a value of at least two thousand dollars but less than three thousand dollars is a class 4 felony. Credit card transaction record theft with a value of at least one thousand dollars but less than two thousand dollars is a class 5 felony. Credit card transaction record theft with a value of at least five hundred dollars but less than one thousand dollars is a class 6 felony. Credit card transaction record theft with a value of less than five hundred dollars is a class 1 misdemeanor.
  6. A person who is convicted of a violation of this section that involved an amount of at least one hundred thousand dollars is not eligible for suspension of sentence, probation, pardon, or release from confinement on any other basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

 Unlawful possession or use of scanning device or re-encoder

(Per Arizona Revised Statute 13-2110)

  1. It is unlawful for a person to use a scanning device or re-encoder without the permission of the cardholder of the credit card from which the information is being scanned or re-encoded and with the intent to defraud the cardholder, the issuer or a merchant.
  2. It is unlawful for a person to intentionally or knowingly make or possess with the intent to commit fraud any device, apparatus, equipment, software, article, material, good, property or supply that is specifically designed or adapted for use as or in a scanning device or a re-encoder (this does not apply to police officers acting in their official duties).
  3. This is a Class 4 Felony.

Depending on the severity of the charges, the state may refer the case for prosecution in federal court, where the penalties are even more severe.

Contact Our Phoenix Credit Card Fraud Attorneys Today

At AZ Defenders, our dedicated criminal defense lawyers will fight for your rights. Contact our Phoenix firm for more information about how our experienced lawyers can help defend you against charges of credit card fraud, theft, or illegal use.

 

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