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- Understanding Arizona’s Law on the Fraudulent Use of a Credit Card (A.R.S. § 13-2105)
- Elements of Credit Card Fraud Charges the State Must Prove
- Penalties for Fraudulent Use of a Credit Card
- How Identity Theft Relates to Credit Card Fraud in Arizona
- Defenses to Fraudulent Use of a Credit Card Charges
- Common Examples of Credit Card Fraud in Arizona
- Essential Things to Remember About ARS 13-2105
- Contact a Phoenix Credit Card Fraud Attorney From CHM Law
Credit card fraud is one of the most common white-collar crimes prosecuted in Arizona. From unauthorized online purchases to the use of stolen credit card information, these offenses can lead to serious criminal charges under Arizona Revised Statutes § 13-2105. What may seem like a minor or misunderstood financial mistake can quickly escalate into a felony case carrying prison time, fines, and a lasting criminal record.
Arizona prosecutors aggressively pursue these offenses because they often involve theft, identity misuse, and financial deception that affect both individual victims and businesses. The law covers a wide range of conduct, from using a canceled or revoked card to knowingly possessing a forged or fake card with the intent to defraud.
This article explains how A.R.S. § 13-2105 defines the fraudulent use of a credit card, outlines penalties depending on the amount of money or value obtained, discusses how identity theft often overlaps with these cases, and explains how the criminal defense attorneys at Colburn Hintze Maletta can protect your rights if you are facing these charges.
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Use Of A Credit Card Fraud and Identity Theft Under ARS 13-2105: Arizona’s Felony Penalties
Understanding Arizona’s Law on the Fraudulent Use of a Credit Card
Under A.R.S. § 13-2105, a person commits fraudulent use of a credit card when they use a credit card or debit card, credit card number, or even fake card information with the intent to defraud to obtain money, goods, services, or other things of value that they are not legally entitled to receive.
The law applies when the person:
- Uses another person’s credit card without their consent,
- Uses a card they know has been canceled or revoked,
- Uses a card that has not in fact been issued, or
- Uses a forged or altered card to commit fraud.
In short, the State must prove that the individual obtained or attempted to obtain something of value without the cardholder’s permission or using a card that was invalid at the time of use.
Even a small transaction—such as using a canceled card for a grocery purchase—can fall under this statute if there was intent to defraud.
Elements of Credit Card Fraud Charges the State Must Prove
To secure a conviction under A.R.S. § 13-2105, the prosecution must prove certain elements beyond a reasonable doubt. These include:
- Use of a Credit Card or Credit Card Number — The individual must have used a card, card number, or a fake or altered card.
- Intent to Defraud — The person must have acted knowingly and intentionally to commit fraud.
- Value of Goods or Services Obtained or Attempted — The amount determines whether the offense is charged as a misdemeanor or felony.
- Lack of Consent — The card was used without the cardholder’s permission or was known to be canceled, revoked, or forged.
If the person attempts to obtain money or goods, even if the transaction fails, they can still be charged under the same statute.
Example 1:
A man uses another person’s credit card number to purchase $600 worth of online merchandise, which constitutes fraudulent use of credit. Since the cardholder never gave permission, and the value is over $250 but under $1,000, the charge can be a Class 6 felony.
Example 2:
A woman knowingly uses a canceled or revoked card to buy electronics worth $1,500. Because the value exceeds $1,000, the case can be charged as a Class 5 felony for fraudulent use of credit under § 13-2105.
Penalties for Fraudulent Use of a Credit Card
The penalties under A.R.S. § 13-2105 depend on the value of the goods or services involved in fraud cases obtained or retained in any consecutive six-month period, which may lead to multiple felony counts.
| Offense Level | Value of Goods or Services | Classification | Potential Sentence | Citation |
| Less than $250 | Includes any attempted transaction under $250 | Class 1 Misdemeanor | Up to 6 months jail, up to $2,500 fine | A.R.S. § 13-707, § 13-802 |
| $250 to less than $1,000 | Value of all money, goods, or services in any consecutive six-month period | Class 6 Felony | 4 months to 2 years in prison | A.R.S. § 13-2105(B)(2) |
| $1,000 or more | Total value obtained or attempted to be obtained exceeds $1,000 | Class 5 Felony | 6 months to 2.5 years in prison | A.R.S. § 13-2105(B)(1) |
A conviction under this statute can also lead to probation, restitution, and a permanent criminal record. Repeat offenders or those with prior felony convictions may face enhanced sentencing and longer prison time.
How Identity Theft Relates to Credit Card Fraud in Arizona
Identity theft, defined under A.R.S. § 13-2008, often occurs alongside credit card fraud. This happens when a person uses another person’s personal information, such as a credit card holder’s name, Social Security number, or credit card number, for fraudulent credit activities.—to obtain money or services.
While credit card fraud focuses on the unauthorized use of a credit card in Arizona, identity theft focuses on the broader act of assuming another person’s identity.
For example:
- Using a stolen card number to buy gift cards is credit card fraud under ARS 13-2105.
- Opening a new credit line in someone else’s name or using someone else’s Social Security number is identity theft under ARS 13-2008.
Because these crimes often overlap, prosecutors may charge both offenses in a single case.
This can lead to multiple felony counts, including those charged with fraudulent use, increasing potential prison exposure.
The attorneys at CHM Law frequently defend clients charged with both fraudulent use of a credit card and identity theft, helping reduce charges and protect clients from excessive penalties.
Defenses to Fraudulent Use of a Credit Card Charges
An experienced Phoenix criminal defense attorney from a reputable law group can use several defenses depending on the facts of the case.
Common defenses to fraudulent use of a credit card include:
- Lack of Intent to Defraud – If the defendant reasonably believed they had permission to use the card, intent to commit fraud cannot be proven.
- Mistaken Identity – In cases involving stolen card information or online transactions, it is possible that the defendant’s identity was misused by someone else.
- Lack of Evidence – The prosecution must prove each element, including use and intent, beyond a reasonable doubt. Insufficient evidence can lead to dismissal.
- Cardholder Consent – If the cardholder has permitted the use of the card, even informally, this can serve as a valid defense.
- Unlawful Search and Seizure – If law enforcement obtained evidence (such as computers, card readers, or statements) without a proper warrant, the evidence may be suppressed.
At Colburn Hintze Maletta, our criminal defense team carefully reviews financial records, digital data, and witness statements to uncover inconsistencies in the prosecution’s case and ensure your constitutional rights are protected every step of the way.
Common Examples of Credit Card Fraud in Arizona
Credit card fraud in Arizona can occur in many forms.
Some of the most frequent scenarios include:
- Using another person’s credit card without permission to obtain goods or services.
- Using a canceled or revoked card to make a purchase.
- Using a fake card or forged information to obtain money.
- Making online purchases with a stolen credit card in Arizona can result in severe penalties for credit card fraud.
- Using an expired or cloned card at a physical store.
Even when the value of the transaction is small, the case may still be treated as a felony if it occurs multiple times within a consecutive six-month period or involves other fraudulent activity.
Because these cases often rely on digital evidence, surveillance footage, and financial records, a skilled defense attorney can make a significant difference in challenging how evidence was collected and whether it truly proves the required intent to commit fraud.
Important Things to Remember About ARS 13-2105
- Fraudulent use of a credit card is taken seriously under Arizona law, and even minor violations can be charged as felonies.
- Penalties depend on the total value of goods or services obtained within a six-month period.
- Identity theft under ARS 13-2008 often accompanies credit card fraud charges.
- Defenses may include lack of intent, consent, or improper evidence collection, especially in fraud cases.
- A conviction can result in fines, restitution, jail time, and a permanent criminal record.
Contact a Phoenix Credit Card Fraud Attorney From CHM Law
If you are facing fraud charges involving the use of a credit card or identity theft, the consequences can be life-changing.
The criminal defense attorneys at Colburn Hintze Maletta understand Arizona’s fraud laws and how prosecutors build these cases. We have defended clients in Phoenix, Scottsdale, Mesa, Chandler, and throughout Maricopa County who were accused of using another person’s credit card without consent or engaging in fraudulent activity.
Our team works closely with investigators, financial experts, and prosecutors to uncover weaknesses in the case and seek the best possible outcome, whether that means reducing a felony to a misdemeanor, obtaining a dismissal, or negotiating for diversion programs when appropriate.
Call us today at 602-755-6290 or contact us through our website to schedule your free consultation.
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