How to Defend Against A.R.S. 13-2105 Credit Card Fraud in Arizona
Facing allegations of financial fraud can completely disrupt your life, your career, and your future. In Arizona, fraudulent use of a credit card is an aggressively prosecuted offense that can escalate quickly from a misdemeanor to a serious felony charge.
If you or a loved one are under investigation or have been arrested under A.R.S. § 13-2105, understanding the exact legal requirements of the crime and knowing how to fight back is critical to protecting your freedom.
What is Fraudulent Use of a Credit Card (A.R.S. § 13-2105)?
To secure a conviction under A.R.S. 13-2105, the state cannot rely on assumptions. Prosecutors must prove that you intended to commit this offense by proof beyond a reasonable doubt.
Specifically, a violation of fraudulent use of a credit card requires the State to demonstrate that a person acted with the explicit purpose of obtaining—or attempting to obtain—money, goods, services, or anything else of value, while knowing that:
- Unlawful Acquisition: The credit card or credit card number used was unlawfully obtained, stolen, or retained without authorization.
- Invalid Accounts: The card or account number being used was knowingly forged, expired, cancelled, or actively revoked.
- Lack of Consent: The person misrepresented themselves as the lawful holder of the card without the explicit consent or permission of the true cardholder, or represented themselves as a holder of a card that was never actually issued.
Real-World Scenarios: How is A.R.S. § 13-2105 Charged?
Credit card fraud does not just apply to traditional identity theft. Arizona law applies this statute to a wide variety of modern transactions, including:
- Online E-Commerce Exploits: Using a stored or found credit card number to complete digital purchases, order retail goods, or secure online services without the owner's knowledge.
- Unauthorized Retail Transactions: Physically swiping, tapping, or entering a card at a merchant counter when you know the account has been cancelled, revoked, or reported missing by the true owner.
- Misrepresenting Authorization: Presenting a family member's, employer's, or acquaintance's credit card to a business while claiming you have permission to use the account line, when explicit consent was never actually granted.
Penalties for Fraudulent Use of a Credit Card in Arizona
The consequences of a conviction under A.R.S. 13-2105 depend heavily on the financial value involved in the allegations. Arizona implements a sliding penalty scale based on the total value obtained or attempted to be obtained within any consecutive six-month period:
- Class 1 Misdemeanor: Charged when the total value of all money, goods, or services is less than $250. This carries a potential penalty of up to 6 months in jail, heavy court fines, and probation.
- Class 6 Felony: Triggered when the cumulative value reaches $250 or more but is less than $1,000. A first-time Class 6 felony can carry up to 2 years of prison, though individuals may be eligible for probation or sentencing alternatives.
- Class 5 Felony: Aggressively pursued when the total value is $1,000 or more. This severe felony designation carries a presumptive prison sentence of up to 2.5 years, mandatory restitution to the victims, and extended supervised probation.
Strategic Legal Defenses to Fight Your Charges
An experienced Arizona fraud defense attorney will meticulously review the state's evidence to uncover weaknesses in the prosecution's case. By targeting the strict elements of A.R.S. § 13-2105, several powerful legal defenses can be built to fight for a reduction or dismissal of your charges:
- Lack of Specific Intent: The statute strictly requires that you acted with a specific criminal purpose to defraud. If the state cannot prove beyond a reasonable doubt that you intentionally tried to cheat a business or individual, you cannot be convicted. If the state cannot prove beyond a reasonable doubt that you intentionally tried to cheat a business or individual, you cannot be convicted. Learn more about demonstrating a/legal-defenses
- Explicit Consent or Permission: If the cardholder previously gave you authorization, permission, or access to use their credit card or account number, the transaction is not fraudulent. Misunderstandings regarding the scope of consent do not equal a criminal offense.
- Bona Fide Mistake: You may have honestly and reasonably believed that the card was valid, unplaced, or that you had a lawful right to use the account. An honest mistake of fact completely dismantles the state's claim of criminal intent.
- Insufficient Evidence: Prosecutors frequently build fraud cases using circumstantial store surveillance, messy electronic logs, or conflicting witness statements. If the evidence fails to conclusively connect you to the specific transactions, the state's case falls apart.
- Mistaken Identity: Identity mix-ups occur frequently in fraud investigations, especially when an account number is compromised online or a transaction is completed by someone with a similar appearance or name. This defense systematically demonstrates that while a crime may have occurred, investigators arrested the completely wrong individual due to /legal-defenses errors.
Contact Brian Di Pietro Law, PLLC | Arizona Fraud Offense Lawyer
Do not let a credit card fraud allegation compromise your livelihood or your freedom. If you are under investigation or facing active charges under A.R.S. 13-2105, you need an aggressive defense strategy immediately.
Contact Brian Di Pietro Law, PLLC today for a free, confidential case evaluation about your pending fraudulent use of a credit card crime case in Arizona. Brian Di Pietro is an experienced, tough, and aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular case.
- Call Now: 623-242-2655
- Location: Phoenix, Arizona
- Reviewed October 17, 2026
