Credit Card Fraud Defense Lawyers
Charged with the fraudulent use of a credit card (A.R.S. § 13-2105) in Arizona? Depending on the amount and conduct, card fraud ranges from a misdemeanor to a felony, and is often stacked with theft, forgery, and identity theft. The case turns on intent and authorization, using a card you were permitted to use is not a crime. Do not explain the charges to your bank or the police before you talk to a defense lawyer.
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What Is Fraudulent Use of a Credit Card in Arizona?
Quick answer: Arizona’s credit-card crimes are grouped in A.R.S. §§ 13-2101 through 13-2110. The core charge, fraudulent use of a credit card (A.R.S. § 13-2105), is using a card, or the number, without the cardholder’s consent and with intent to defraud, to obtain money, goods, or services. The grade depends on the amount and the conduct: smaller amounts are a misdemeanor, while higher amounts, or theft, forgery, or counterfeiting of cards, are felonies. The defining issues are authorization (did you have permission to use the card?) and intent, and these cases are frequently joined with identity theft and forgery counts.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending credit card fraud and other white-collar cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Fraudulent Use of a Credit Card in Arizona?
- Is credit card fraud a felony in Arizona?
- How much jail time can you get for credit card fraud in Arizona?
- Is using my spouse’s or parent’s credit card fraud?
- Can a first-time credit card fraud charge be dismissed or diverted?
- Can a transaction log prove I made the charge?
- Will I have to pay restitution for credit card fraud?
- How the Amount Sets the Card-Fraud Charge
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with credit card fraud in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-2105, the penalties, and the defenses that matter most.
Is credit card fraud a felony in Arizona?
It depends on the amount and the conduct. Fraudulent use of a credit card under A.R.S. § 13-2105 is a Class 1 misdemeanor for smaller amounts and a felony for higher amounts, while theft, receipt, and forgery of cards are felonies regardless of amount. The decisive issues are authorization and intent.
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Our recognition for Phoenix white collar defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
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- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix white collar lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
How much jail time can you get for credit card fraud in Arizona?
For lower-amount fraudulent use, exposure ranges from up to 6 months in jail as a misdemeanor to a Class 6 or Class 5 felony with terms up to about 2.5 years. When card fraud is stacked with identity theft (A.R.S. § 13-2008) or fraudulent schemes (A.R.S. § 13-2310), the combined exposure can climb to a Class 2 felony of 3 to 12.5 years.
Is using my spouse’s or parent’s credit card fraud?
Not if you had permission. Authorized use — a spouse’s, a parent’s, or a company card — defeats the lack-of-consent element, and consent is a complete defense. Many card-fraud accusations within families or workplaces are really disputes, not crimes.
Can a first-time credit card fraud charge be dismissed or diverted?
Often, yes. For first-time, lower-amount cases, Arizona prosecutors will frequently consider diversion or a misdemeanor resolution with restitution, keeping a felony off your record entirely. The key is getting in front of the case early, establishing authorization or doubt about who made the charges, and presenting mitigation before positions harden.
Can a transaction log prove I made the charge?
No. Transaction logs, IP addresses, saved cards, and store video show that a charge happened, not who made it. Shared cards, family use, stolen numbers, and account breaches all create reasonable doubt, and our experts test whether the digital evidence actually identifies you.
Will I have to pay restitution for credit card fraud?
If you are convicted, yes — Arizona courts order restitution for the actual fraudulent charges. Contesting which charges the State can attribute to you, and how they are aggregated, can both lower the restitution figure and drop a felony to a misdemeanor.
How the Amount Sets the Card-Fraud Charge
Fraudulent use is graded by the value obtained, while theft, receipt, and forgery of cards are charged as felonies regardless of amount. Establishing the true amount can lower the grade.
| Statute / Conduct | Amount | Offense Level | First-Offense Range* |
|---|---|---|---|
| 13-2105 Fraudulent Use | Under $250 (per period) | Class 1 Misd. | Up to 6 months jail |
| 13-2105 Fraudulent Use | $250 – $1,000 | Class 6 Felony | 4 mo – 2 years |
| 13-2105 Fraudulent Use | $1,000 or more | Class 5 Felony | 6 mo – 2.5 years |
| 13-2102 Theft of a Card | Any | Class 5 Felony | 6 mo – 2.5 years |
| 13-2104 Forgery of a Card | Any | Class 4 Felony | 1 – 3.75 years |
*Grades and ranges are general and vary with the conduct, priors, and aggravators; stacked identity-theft or fraud counts can raise exposure to a Class 2 felony.
What the State Must Prove for Credit Card Fraud
To convict you of Credit Card Fraud under A.R.S. § 13-2105, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1A credit or debit card, or its number. The case involves a card or account number belonging to another, or a forged, revoked, or expired card.
- 2Use without consent. You used the card or number without the cardholder’s authorization, consent is a complete defense.
- 3Intent to defraud. You acted with intent to defraud, not by mistake, misunderstanding, or with permission.
- 4Obtaining value. You obtained, or attempted to obtain, money, goods, or services, the amount sets the grade.
Examples of Conduct Charged as Credit Card Fraud
- Using a lost, stolen, or found card without permission
- Charging purchases to a card after authorization was revoked
- Using a stored or stolen card number for online purchases
- Making, altering, or counterfeiting physical cards
- Possessing card encoders or blank cards to create fraudulent cards
What Sentence Could You Actually Face?
Credit-card fraud penalties range from a misdemeanor with no jail to felony prison exposure, driven by the amount and the stacked counts. First-time, lower-amount cases are often resolved without a felony record.
Misd. / Class 6
Lower-Amount Use
Class 4–5
Felony Use / Forgery
Class 2
With ID Theft / Fraud
⚠ Diversion and Reduction Are Often Possible
For first-time, lower-amount card-fraud cases, Arizona prosecutors will often consider diversion or a misdemeanor resolution with restitution, keeping a felony off your record entirely. The key is getting in front of the case early, establishing authorization or doubt about who made the charges, and presenting restitution and mitigation before positions harden.
How We Fight Arizona Credit Card Fraud Cases
Every case has weak points. These are the defenses we look at first.
Attacking Consent & Intent
Authorized Use. Using a card you were permitted to use, a spouse’s, parent’s, or company card, is not fraud. Consent defeats the charge.
No Intent to Defraud. A mistaken charge, a billing dispute, or a good-faith belief you could use the card is not a crime.
Mistaken Identity. Transaction logs and IP data do not prove who made a charge; stolen numbers and shared cards create doubt.
A Civil Billing Dispute. Many accusations are really disputes with a bank, merchant, or family member that belong in civil court.
Attacking the Evidence
Innocent Possession. For card-theft and receipt charges, finding or mistakenly receiving a card, without knowledge or intent, is a defense.
Digital-Evidence Review. Our experts test whether the transaction, device, and location data actually identify our client.
Unlawful Search. Phones, accounts, and records obtained without a valid warrant or beyond its scope can be suppressed.
Amount & Aggregation. Contesting how charges are added up can drop a felony to a misdemeanor.
The Experts We Bring to the Table
The State builds financial-crime cases with investigators, forensic auditors, and data analysts. We answer with the same caliber of specialists.
Forensic Accountants
Following the Money
Independently trace transactions, audit the State’s spreadsheets, and expose double-counting, missing context, and innocent explanations.
Certified Fraud Examiners
Intent & Scheme Analysis
Evaluate whether the conduct actually fits the charge or is an ordinary business dispute, and where the intent evidence falls short.
Computer Forensics Experts
Devices & Accounts
Examine the digital evidence, emails, logins, and IP data, and challenge whether it really proves who acted.
Financial & Data Analysts
Records & Patterns
Reconstruct the financial record from bank and accounting data and test the assumptions behind the State’s loss calculations.
Tax & Regulatory Experts
Compliance & Reporting
Explain industry practice, reporting rules, and tax treatment that the State has mischaracterized as a crime.
Valuation & Restitution Experts
Loss & Restitution
Establish the true loss amount, often far lower than alleged, which drives both the felony class and any restitution.
Recent Credit Card Fraud Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles credit card fraud cases across Arizona.
Fraudulent-Use Accusation
Charges Dismissed
We showed our client had authorization to use the card; without lack of consent, the charge was dismissed.
Disputed Online Charges
Charges Dismissed
Digital forensics showed the charges traced to a breached account, not our client; the State dismissed.
First-Offense Card Fraud
Diversion, No Conviction
Early restitution and mitigation secured a diversion resolution, keeping a felony off our client’s record.
Stolen-Card Possession
Charges Dismissed
We established innocent possession of a mistakenly received card, defeating the knowledge element.
Card-Forgery Equipment
Reduced to Misdemeanor
We showed the equipment had a legitimate use and no intent to counterfeit, cutting a felony to a misdemeanor.
Card Fraud & Identity Theft
Probation, No Prison
Restitution and a strong mitigation package resolved a stacked card-and-identity case to probation, with no prison.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best credit card fraud lawyer in Phoenix, a fraudulent use of a credit card defense attorney, or help with an A.R.S. 13-2105 charge. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend credit card fraud and other white-collar cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona white collar crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Credit Card Fraud FAQs
Quick answers to the questions we hear most about credit card fraud charges, penalties, and defenses in Arizona.
Is credit card fraud a felony in Arizona?
It depends on the amount and conduct. Fraudulent use of a card (A.R.S. 13-2105) is a misdemeanor for small amounts and a felony for higher amounts. Theft, receipt, and forgery of cards are felonies regardless of amount.
What does the State have to prove for credit card fraud?
That you used a card or number without the cardholder’s consent, with intent to defraud, to obtain value. Authorization and intent are the decisive elements, and the amount sets the grade.
Is using my spouse’s or parent’s card fraud?
Not if you had permission. Authorized use, a spouse’s, parent’s, or company card, defeats the lack-of-consent element. Many card-fraud accusations within families or workplaces are really disputes, not crimes.
Can a transaction log prove I made the charge?
No. Logs, IP addresses, and saved cards show that a charge happened, not who made it. Stolen numbers, shared cards, and account breaches all create reasonable doubt about identity.
Can a first-time credit card fraud charge be dismissed or diverted?
Often, yes. For first-time, lower-amount cases, prosecutors will frequently consider diversion or a misdemeanor resolution with restitution, keeping a felony off your record. Acting early is key.
What is the difference between card theft, receipt, and forgery?
Theft (13-2102) is taking a card; receipt (13-2103) is receiving one you know is stolen; forgery (13-2104) is altering or counterfeiting cards. Each requires knowledge and intent, and innocent possession is a defense.
Will I have to pay restitution?
If convicted, yes. Arizona courts order restitution for the actual fraudulent charges. Establishing the true amount, and contesting how charges are aggregated, can also lower the grade.
Can credit card fraud be charged with identity theft?
Yes, frequently. Card fraud is routinely stacked with identity theft (A.R.S. 13-2008) and forgery (A.R.S. 13-2002), and in large schemes with fraudulent schemes (A.R.S. 13-2310), which sharply raises the exposure.
What should I do if my bank accuses me of fraud?
Do not give a statement to the bank or police without a lawyer. Bank fraud-department interviews are used to build the criminal case. The pre-charge stage is when these cases are most winnable.
How is the amount calculated?
Generally by totaling the fraudulent charges, sometimes over a period. Contesting which charges the State can actually attribute to you, and how they are aggregated, can drop a felony to a misdemeanor.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Arizona’s credit-card crimes live in A.R.S. §§ 13-2101 to 13-2110, with fraudulent use (13-2105) the central charge.
- The grade depends on the dollar amount and conduct, from a misdemeanor to a felony.
- Related felonies include theft of a card (13-2102), receipt of a stolen card (13-2103), and forgery of a card (13-2104).
- The case turns on authorization and intent, using a card you were permitted to use is not a crime.
- Card-fraud cases are usually stacked with identity theft (13-2008) and forgery (13-2002), raising the exposure.
- Much of the evidence is digital, transaction logs and IP data that do not always prove who made the charge.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.