Fraudulent Use of a Credit Card

If you’ve been accused of using someone else’s card without permission, fabricating card information, or misrepresenting your identity to obtain goods or services, a conviction can lead to fines, jail time, and a permanent criminal record. But just because you’ve been charged with fraudulent use of a credit card doesn’t mean you’re guilty. At the Law Office of James E. Novak, our experienced Phoenix credit card fraud attorney is ready to fight to protect your rights and your future.

Under A.R.S. § 13-2105, fraudulent use of a credit card is a crime involving the intentional use of a credit card, credit card number, or other payment information without the cardholder’s authorization. This can include:

• Using a stolen or lost credit card.
• Using an expired or canceled credit card.
• Misrepresenting your identity to obtain a credit card.
• Fabricating or altering credit card information.
• Using someone else’s card without permission, even if the card was not stolen.

Notably, the law applies to both physical and digital transactions, meaning online purchases can result in criminal charges. However, prosecutors must prove that you acted with intent to defraud, which means you knowingly used the card to unlawfully obtain goods, services, or money.

Fraudulent use of a credit card is taken very seriously in Arizona. As is the case with most theft crimes, the penalties depend on the value of goods or services obtained, as well as other factors. Fraudulent use of a credit card can be either a misdemeanor or a felony.

• Class 1 misdemeanor: If the value of goods or services is less than $1,000, the offense is typically charged as a class 1 misdemeanor. Penalties may include up to six months in jail and fines of up to $2,500.
• Class 6 felony: If the value of goods or services is $1,000 or more but less than $2,000, it is charged as a class 6 felony, which can result in up to two years in prison.
• Class 5 felony: If the value exceeds $2,000, the offense is elevated to a class 5 felony, carrying up to 2.5 years in prison.

In addition to jail or prison time, courts may order you to pay restitution to the victim. Additionally, a conviction for credit card fraud can lead to other collateral consequences, such as difficulty obtaining employment, housing, or loans. And, given Arizona’s strict approach to fraud, even first-time offenders face the possibility of jail time and a criminal record.

Being charged with fraudulent use of a credit card does not mean you will automatically be convicted. At the Law Office of James E. Novak, our Phoenix credit card fraud attorney routinely develops strong defenses to these charges. Some of the most common defenses to credit card fraud charges include the following:

• No Intent to Commit Fraud: Prosecutors must prove that you knowingly and intentionally used the card to defraud. If your actions were accidental or a misunderstanding, this could serve as a defense.
• You Had Permission: If you believed you had permission to use the card or if the cardholder granted you access, this can be a valid defense.
• Mistaken Identity: Fraud cases often involve digital transactions or surveillance footage, which can lead to mistaken identity. Your attorney can challenge the evidence to prove you were not the person responsible.
• Insufficient Evidence: If the prosecution’s evidence is weak or circumstantial, your lawyer can argue for the charges to be dismissed or reduced.
• Illegal Search or Seizure: If police officers violated your constitutional rights during the investigation by conducting an illegal search, your attorney can file a motion to suppress evidence obtained unlawfully.

When facing charges for fraudulent use of a credit card, having an experienced Phoenix criminal defense attorney on your side can make all the difference. At the Law Office of James E. Novak, we understand Arizona’s fraud laws and how to challenge the evidence against you. We’ll review every detail of your case, including how the evidence was obtained, the prosecution’s claims, and any potential violations of your rights.

We are committed to presenting a compelling defense. Whether arguing lack of intent, mistaken identity, or other defenses, we’ll craft a strategy aimed at reducing or dismissing your charges. In some cases, we can negotiate plea agreements to reduce the severity of the charges or minimize penalties. Regardless of the specific strategy, we’ll ensure your constitutional rights are respected and that you have someone looking out for your interests at every step of the way.

When you work with us, you’ll receive personalized, aggressive representation designed to achieve the best possible outcome for your case.

If you’ve been charged with fraudulent use of a credit card, you don’t have to face the legal system alone. At the Law Office of James E. Novak, we are committed to fighting for your future and providing the strong defense you deserve. Let us be your advocate during this difficult time. Call us today at 480-413-1499 or reach out through our secure online contact form to schedule a free consultation with a dedicated Phoenix credit card fraud attorney. We’re ready to fight for the best possible outcome in your case.