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MESA PHOENIX CREDIT CARD FRAUD DEFENSE ATTORNEY

A.R.S. §§ 13-2102 through 2110 describe the following ways a person can commit credit card fraud:

 

  • Theft of a credit card or obtaining a credit card by fraudulent means;

 

  • Receipt of anything of value obtained by fraudulent use of a credit card;

 

  • Forgery of a credit card;

 

  • Fraudulent use of a credit card;

 

  • Possession of machinery, plate or other contrivance or incomplete credit card;

 

  • False statement as to financial condition or identity;

“The State takes all credit card fraud seriously—I’ll seriously give you my all.”

  Lisa Witt

  • Fraud by person authorized to provide goods or services;

 

  • Credit card transaction record theft;

 

  • Unlawful possession or use of scanning device or reencoder.

 

The penalties for the credit card offenses above are specified in each law and range from a Class 1 misdemeanor (punishable by up to 6 months in jail) to a Class 2 felony (punishable by 3 to 12.5 years in prison for a first time felony offense).

DEFENSES FOR CREDIT CARD FRAUD CHARGES IN ARIZONA

 

A conviction for credit card fraud can seriously impact your life.   Lisa will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:

 

  • Facts described are not credit card fraud:  The facts described in the indictment may not fit the statutory definition of credit card fraud.

 

  • No intent to commit credit card fraud:  You may not have the intent necessary for the State to prove credit card fraud beyond a reasonable doubt.

 

  • Eyewitnesses:  You may have eyewitnesses who can testify about what happened.

 

  • State’s witnesses are mistaken or lying about what happened.

 

  • Good character:  You may have witnesses who can testify that you have a good character.

"I’ll only settle if it’s a reasonable offer.”

  Lisa Witt

  • Mistaken identity:  Someone else committed the credit card fraud and you were mistakenly identified as the suspect.

 

  • Sentencing enhancements do not apply:  Sentencing enhancements such as dangerous nature of the offense, repetitive nature of the offense and/or crime committed while on probation or release do not necessarily apply just because the State claims that they do. 

 

  • Impossibility of State’s story:  The State’s story may be impossible based on the timeline or other evidence.

 

  • Unavailable or tainted evidence:  Sometimes the State’s evidence is unavailable or tainted. 

 

  • Suppression of State’s evidence:  The State may have violated your constitutional rights or otherwise acted illegally in obtaining evidence or your confession so the evidence must be suppressed.

 

  • Dollar amount of credit card fraud is incorrect:  The State may have incorrectly computed the dollar amount of the credit card fraud.

 

  • Reduction in number of counts: Each count of your indictment should concern a separate criminal act or victim and not be parts of the same credit card fraud charge. 

 

  • Police misconduct:  There may be police misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.

 

  • Insufficiency of State’s evidence:  The State may have insufficient evidence to prove credit card fraud beyond a reasonable doubt.

 

  • Prosecutorial misconduct:  There may be prosecutorial misconduct in disclosing the evidence, interviewing victims and witnesses, and in the general course of your case.

 

  • Possible other defenses:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.

 

If you or a loved one is facing a charge of credit card fraud, it’s very important to hire a thorough, intelligent and passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona credit card fraud defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

Phoenix Criminal Defense Lawyer