Credit card fraud is an unauthorized taking of someone’s credit or debit card with the intent of charging purchases to the account or removing money from the account. If you are facing credit card theft or fraud charges, make sure you have a criminal defense attorney who knows the process and system in New York who can better fight for your case. The Law Office of Lisa Pelosi has over 30 years of experience and will put this knowledge and expertise to your benefit.
In New York, there are two situations which could constitute credit or debit card theft or fraud:
- First, when someone obtains or attempts to obtain a debit or credit card which they know to be stolen in order to receive a service or goods. Or, when someone persuades or attempts to persuade a supplier of the service or goods to take payment from a stolen debit or credit card.
- Second, when someone tries to use a card which they know to be revoked or canceled to receive a service, goods, or property.
In order to be convicted of credit card theft or fraud, the prosecution does not need to prove that the defendant attained the card illegally or that property or a service was in fact purchased. For example, if someone receives a notification that their card has been revoked, but attempts to make a purchase by personal check and shows the store attendant the card, they may be found guilty of unlawful use of a credit card.
Other Related Crimes
A criminal defense attorney will do their best to secure a positive outcome, whatever the crime may be.
- Theft of a credit card by itself may be considered larceny or criminal possession of stolen property.
- If someone using a card unlawfully signs for a purchase using the card holder’s name, it may be considered forgery.
Penalties
Depending on whether the charge is forgery, alteration, stealing, counterfeiting, or publishing someone else’s information, the consequences, and the criminal history, the penalties could include:
- Stealing services with a stolen debit or credit card, or an unlawful use of a card is considered a Class A misdemeanor, which could lead to up to one year in jail or a fine up to $1,000.
- Possession of stolen goods, property, and credit card grand larceny is considered a Class E felony, which could lead to up to four years in prison, a fine up to $5,000, or double the amount of what was taken.
Identity Theft
In general, identity theft is when someone adopts another person’s identity with the intent to defraud in order to obtain goods, money, or services.
- Third-degree identity theft is a Class A misdemeanor with a penalty of up to one year is prison.
- Second-degree identity theft is a Class E felony with a penalty of up to four years.
- First-degree identity theft or aggravated identity theft are Class D felonies which could have a penalty of up to seven years in prison.
With a criminal defense attorney on your side, you can be confident that they will fight for the best possible outcome. Contact Lisa Pelosi in New York City today for an experienced defense.
