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Facing credit card theft charges in Phoenix, Arizona, can be overwhelming and life-altering. The legal system is confusing, and sometimes it might feel like you aren’t getting to tell your side of the story.
If you are facing criminal charges, you have the right to seek legal representation and defend yourself against the allegations. Reaching out to a criminal defense lawyer in Phoenix, Arizona, is an important step for defendants to take after an arrest or after learning they are under investigation.
Orent Law Offices, PLC is here to help. Contact us today at (480) 656-7301 to schedule a free case evaluation with a Phoenix credit card theft attorney.
When you’re charged with a white collar crime in Phoenix, AZ, the legal team you choose can make a significant difference in how you approach your case. A Phoenix white collar crimes attorney can review the allegations, explain your options, and work to protect your rights.
Clients choose Orent Law Offices for many reasons, including:
No matter how serious or complicated your credit card theft case in Phoenix, Arizona, seems, Orent Law Offices is ready to help. Reach out to us today to schedule your free initial case evaluation with a Phoenix criminal defense attorney.
Arizona law prohibits several forms of credit card theft. Under Arizona Revised Statutes § 13-2102, a person can be charged for controlling a credit card without the cardholder’s or issuer’s consent through conduct covered by the state’s theft or extortion laws.
The statute also applies to selling, transferring, or conveying a credit card with the intent to defraud, or obtaining control over a credit card as security for a debt with fraudulent intent.
Credit card theft is classified as a Class 5 felony in Arizona. Whether the prosecution can prove the charge depends on the specific allegations and evidence in the case.
Theft of a credit card is a Class 5 felony. Under Arizona’s sentencing law, a first-time, non-dangerous felony offender faces a presumptive prison term of 1.5 years if imprisonment is imposed. The statutory range runs from six months for a mitigated sentence to 2.5 years for an aggravated sentence.
Aggravating and mitigating circumstances can affect the sentence imposed. Probation may also be available when a defendant is eligible. Because sentencing depends on the facts of the case and a person’s criminal history, speaking with a Phoenix credit card theft lawyer as soon as possible can help you understand what may apply in your situation.
The defenses available in a credit card theft case depend on the statutory theory charged and the evidence available to the prosecution. Your Phoenix white collar crimes lawyer can review the circumstances and determine which arguments may apply.
The prosecution must prove the mental state required for the specific form of credit card theft charged. Depending on the allegations, that may include knowledge, intent to deprive another person of property, or intent to defraud.
If you acted by mistake or did not have the required intent or knowledge, your attorney may argue that the prosecution cannot establish an essential part of the offense.
Depending on the theory charged, the prosecution may need to establish that you possessed, controlled, transferred, or conveyed the credit card. If there is insufficient evidence connecting you to the card or showing that you exercised the required control over it, that may undermine the charge.
Consent can be important when a charge is based on allegations that you controlled someone else’s credit card without permission. Evidence that the cardholder or issuer authorized you to possess or control the card may challenge the prosecution’s allegations.
The scope of that permission can matter. For example, permission to possess a card does not necessarily establish permission to use it for every purpose.
Sometimes, there simply isn’t enough proof to establish the charge. No matter what the allegations are, the prosecution has the burden of proving guilt beyond a reasonable doubt.
Your attorney can examine documents, witness statements, transaction records, surveillance footage, electronic evidence, and other information to identify weaknesses in the prosecution’s case.
Evidence obtained through an unlawful search or seizure may be subject to suppression. If law enforcement violated your constitutional rights during the investigation or arrest, your attorney may be able to ask the court to exclude improperly obtained evidence.
If important evidence is suppressed, the prosecution may have less evidence available to prove its case.
The right defense strategy depends on what actually happened and what evidence the state intends to use. A Phoenix criminal defense lawyer can review those details and determine how to respond to the allegations.
If you’re charged with credit card theft, don’t assume that you have no options. Orent Law Offices can review the allegations, explain the potential consequences, and develop a defense strategy based on the facts and applicable Arizona law.
We understand that facing a felony accusation can affect many parts of your life. If you need help, reach out to schedule your free consultation with a Phoenix credit card theft lawyer.
