Theft of a credit card or obtaining a credit card by fraudulent means A.R.S. 13-2102
A person commits theft of a credit card or obtaining a credit card by fraudulent means if the person:
- 1: Controls a credit card without the card holder's or issuer's consent through conduct;
- 2: Sells, transfers or conveys a credit card with the intent to defraud; or
- 3: With intent to defraud, obtains possession, care, custody or control over a credit card as security for debt.
This is a specific intent crime that the criminal defense attorney can help a defendant charged with this crime. Specific Intent is knowing of processioning knowing the outcome of the conduct engage in.
Penalties for Theft of a Credit Card or fraudulent means of a credit card:
Class 5 felony. It carries a presumptive sentence of 1 1/2 yrs and maximum sentence of 3 yrs and mitigated sentence of 1 yr for a first offender. The option of probation is available. Penalties are increase for offender with prior felony convictions or convictions of multiple charges.
Defense to theft of a credit card or obtaining a credit card by fraudulent means could include:
- insufficient evidence
- Mistaken indentity