What is Fraudulent Use of a Credit Card Under ARS 13-2105?

What Are the Penalties for Fraudulent Use of a Credit Card in Arizona?

Penalties for violating ARS 13-2105 vary based on the value of goods or services obtained using the card.  Fraudulent Use of a Credit Card is considered a theft crime and has the following penalties.

• Less than $1,000: This is charged as a class 1 misdemeanor, punishable by up to 6 months in jail and a maximum fine of $2,500.
• $1,000 to $25,000: This constitutes a class 6 felony, carrying a potential prison sentence of up to 2 years.
• Over $25,000: This offense is a class 5 felony, punishable by up to 2.5 years in prison.

In addition to these penalties, restitution to the victim is often required. This means the offender must repay the full amount lost due to the fraudulent activity.

What Does a Fraudulent Use of Credit Card Case Look Like?

Consider this hypothetical:

John, a 25-year-old college student in Mesa, discovers his roommate’s credit card left on the kitchen counter. Tempted by the opportunity, John uses the card to make a $700 online purchase without his roommate’s permission. When the roommate notices the charge and reports it, investigators trace the transaction to John.

Since the value of the purchase is under $1,000, John is charged with a class 1 misdemeanor under ARS 13-2105. While the penalties may seem less severe, a conviction still carries serious consequences, including a criminal record that can impact John’s future.

Which Courts Handle Fraudulent Credit Card Use Cases in Arizona?

The type of court handling a case under ARS 13-2105 depends on whether the charge is a misdemeanor or a felony:

• Misdemeanor cases: Heard in local justice courts or municipal courts.
• Felony cases: Handled by Arizona’s superior courts.

Key court locations in Arizona include:

• Maricopa County Superior Court: 201 W. Jefferson St., Phoenix, AZ 85003 – Get Directions Here
• Pima County Superior Court: 110 W. Congress Street. Tucson, AZ 85701 – Get Directions Here

What Are the Common Defenses to ARS 13-2105 Charges?

Facing charges under ARS 13-2105 can be intimidating, but several defenses may apply:

1. Lack of Intent to Defraud: The prosecution must prove intent. If you did not intend to commit fraud, this defense may hold weight.
2. Mistaken Identity: Fraudulent transactions often involve identity confusion. If you were wrongfully accused, evidence like alibis or surveillance footage can help.
3. Authorization by the Cardholder: If the cardholder permitted you to use the card, this negates the charge.

How Can a Conviction Under ARS 13-2105 Impact Your Life?

A conviction for fraudulent use of a credit card can have consequences beyond fines and jail time:

• Permanent Criminal Record: A record of fraud can limit job opportunities, housing prospects, and even higher education admissions.
• Immigration Consequences: Non-U.S. citizens may face deportation or visa complications.
• Financial Repercussions: Restitution payments can create a lasting financial burden.

What Are the 5 Steps to Beating a Credit Card Fraud Charge?

If you’ve been charged under ARS 13-2105 for fraudulent use of a credit card, taking the right steps can make all the difference in your case. At Tamou Law Group, we understand the stakes and are here to guide you through every stage of the legal process. Here are five critical steps to protect your rights and build a strong defense:

1. Consult Tamou Law Group Immediately
   The first and most important step is to contact Tamou Law Group. Our team, led by Michael Tamou, has the experience necessary in defending against credit card fraud charges. We’ll evaluate the evidence, craft a tailored defense, and fight aggressively to protect your future. Call us at 623-321-4699 to get started.

2. Gather All Supporting Evidence
   With our guidance, you’ll collect the documents and information needed to support your case. This could include receipts, correspondence, or other materials that demonstrate your innocence or provide context to the allegations.

3. Stay Silent and Avoid Self-Incrimination
   Once you’re represented by Tamou Law Group, we’ll handle communications with law enforcement and prosecutors. It’s crucial to avoid speaking about your case with anyone other than your attorney, as even casual comments can be used against you.

4. Document Your Side of the Story
   As we build your defense, we’ll work with you to create a detailed account of the events leading up to the charge. Your insight and recollection are vital to understanding the full picture and preparing a strong strategy.

5. Trust Tamou Law Group’s Experience
   From negotiating with prosecutors to representing you in court, we’ll guide you through every step of the legal process. Our proven track record in defending fraud cases means you can rely on us to pursue the best possible outcome for your case.

How Can Tamou Law Group Help Defend Against ARS 13-2105 Charges?

At Tamou Law Group, we understand the complexities of Arizona’s credit card fraud laws. Our firm is dedicated to protecting your rights and achieving the best possible outcome. Whether it’s negotiating a favorable plea deal, seeking case dismissal, or defending you in court, we’re with you every step of the way. 

Call 623-321-4699 to schedule a confidential consultation today.

Why Is It Important to Act Quickly If Charged Under ARS 13-2105?

Charges under ARS 13-2105 can escalate quickly if left unaddressed. The sooner you seek legal representation, the stronger your chances of a favorable outcome. Time is a critical factor in preparing an effective defense strategy.

Being charged under ARS 13-2105 – Fraudulent Use of a Credit Card is serious but not a charge that comes without the possibility of a great defense. With a skilled credit card fraud attorney by your side, you can protect your rights and navigate the legal process effectively. Contact Tamou Law Group today to start building your defense.