Credit Card Fraud Defense
The FBI defines credit card fraud as “the unauthorized use of a credit or debit card, or similar payment tool (ACH, EFT, recurring charge, etc.), to fraudulently obtain money or property.”
Under Arizona law, a person commits credit card theft or credit card fraud if they:
- Control the credit card without the cardholder’s consent; or
- Sells, transfers, or conveys a credit card or credit card number with the intent to defraud; or
- With intent to defraud, obtains possession or control over a credit card as a security for debt.
A.R.S. §13-2102. Under this statute, a person can be guilty of credit card fraud by taking control of another’s credit card without consent, it is not necessary that the person actually use the stolen credit card. Possession alone, without consent, is enough to satisfy the elements of the crime.
In Arizona, theft of a credit card or obtaining a credit card by fraudulent means (credit card fraud) is a class 5 felony. If convicted, and it is a first offense, a class 5 felony is punishable by incarceration for 6-months to 2.5 years. The presumptive sentence is 1.5 years. When a person has prior convictions the penalties imposed tend to be more severe.
Credit Card Fraud Defense
Credit card fraud is a serious offense which can result in devastating penalties, including heavy fines, damages to your career and reputation, prison time and other consequences. The penalties are wide ranging and the sentence you may receive depends on the circumstances of your case and your ability to mount a strong legal defense.
Often the key to an effective defense is using the opportunity to investigate the charges and evaluate the evidence against you as early as possible. If you are facing charges of credit card fraud, it is imperative that you hire an experienced credit card defense attorney immediately.
When it comes to credit card fraud, often other crimes are charged arising out of the same transaction, such as identity theft. The attorneys at Ashley D. Adams, PLC will use their extensive fraud defense experience and skill to have the most serious charges reduced or dismissed if possible.
Being investigated or charged with a crime does not mean you are guilty of it. Allegations against you must be proven and we know how to challenge the prosecution’s case against you.
- The evidence against you may have been gathered illegally.
- Appropriate warrants may not have been obtained.
- You may be the victim of mistaken identity.
When we represent you, we will analyze and evaluate each detail of your case looking for ways that show you are not guilty of credit card fraud. Our firm is highly-respected in Arizona for our ability to handle complex cases and defend our clients against the most aggressive prosecutors.
To protect your rights if you have been charged with credit card fraud or are currently under investigation, reach out to an Arizona law firm that has the experience and resources that you need on your side.
Contact us or call now (480) 219-1366 for a consultation.
The attorneys at Ashley D. Adams, PLC handle state criminal cases throughout Arizona and federal criminal cases throughout the United States, including Arizona, Oklahoma, Utah, and California.