Credit Card Fraud
Usually, credit card fraud is going to be prosecuted under the identity fraud laws. Anyone who poses as another person to get something of value, or takes someone’s personal information with the intent to get something of value can be found guilty of identity fraud / credit card fraud. If someone fraudulently uses a credit card (either applies for a credit card in someone else’s name and uses it to buy good or services or uses someone else’s credit card) they may also be charged with larceny.
The stealing or using of someone’s “personal information” can trigger prosecution under the credit cad fraud / identity fraud statute. The law defines “personal information” as any name or number that may be used, alone or in conjunction with any other information, to assume the identity of an individual, including any name, address, telephone number, driver’s license number, social security number, place of employment, employee identification number, mother’s maiden name, demand deposit account number, savings account number, credit card number or computer password identification.What Types of Credit Card Fraud are There?
- Applying for a credit card under someone else’s name
- Applying for a credit card using someone else’s personal information (such as address, social security number, date of birth, etc.)
- Using another person’s credit card
- Taking or stealing someone’s personal information with the intent to apply for a credit card in their name
- Taking or stealing someone else’s credit card with the intent to use it to buy something or get something of value
Credit card fraud is considered a form of identity fraud and is taken seriously by police and the courts. If you have been charged with credit card fraud, have been arrested for credit card fraud, or are under investigation for credit card fraud, it is important to start developing your defense right away. Be wary of speaking to police or investigators as they may already have video evidence, credit card records, or other evidence that they intend to use against you. If you have been charged with credit card fraud, it is important to contact lawyers experienced in defending credit card fraud and other types of identity fraud right away.What Types of Criminal Defenses are There for Credit Card Fraud?
Defending a charge of credit card fraud must be taken very seriously. These cases can involve large amounts of credit card and bank records, surveillance videos, witness statements, and other forms of evidence. Challenges can be made to the records. Motions can be filed so that illegally obtained confessions can be thrown out of court. Oftentimes, identification or intent can be an issue in credit card fraud cases that can be successfully challenged. Experienced credit card fraud lawyers may be able to aggressively put forward a number of successful defenses to charges of credit card fraud.What are the Penalties?
You can go to jail for up to 2 ½ years if you are found guilty of credit card fraud. You can also be fined up to $5,000 and forced to pay to fix the credit and debts of the person whose identity was stolen or credit card was used. Someone accused of credit card fraud will, oftentimes, be charged with other crimes too such as larceny if they buy something with someone else’s credit card or a credit card that was applied for fraudulently. These additional crimes will carry additional penalties, including longer jail sentences. If the property stolen was worth less than $250, the person accused faces up to an additional 2 ½ years in the House of corrections. If the amount stolen is more than $250, it has the potential of an additional 2 ½ years in the House of Corrections or 10 years in State Prison.Why You Should Hire a Fraud Defense Attorney:
Credit card fraud is a serious crime that can result in a significant jail sentence. There are many defenses that can be put forward in a case of credit card fraud that may result in the case being dismissed or a finding of not guilty. These cases involve documents, records, and other evidence that can be challenged by experienced defense attorneys who have successfully handled fraud cases. These cases can sometimes be based on misunderstandings or mistakes. Sometimes, a defendant will be wrongfully accused of credit card fraud based on the fact that they are not the person who used the card, or the owner of the card gave them permission to use it. You need defense lawyers who can challenge your case from every angle and put forth the best defense in your credit card fraud case. Contact us now for a free consultation.