Overview
Credit card fraud/scamming is a type of identity theft. Credit card fraud involves taking someone’s credit card and using it unauthorized. For example, making unauthorized purchases, or removing funds from an account. This article will discuss how to prevent accusations of credit card fraud, what to do if you are accused of credit card fraud, and the punishment for credit card fraud.
What to do if You are Accused of Credit Card Fraud
Some accusations of credit card fraud are not legitimate, and you can be wrongfully accused. For example, if you are accused by someone who gave you consent to use their card. To prevent yourself from being accused of credit card fraud, you should avoid making oral agreements for purchases, for anything involving a credit card. You should also keep all documents with signatures between you and the cardholder. Similarly, you should keep all receipts from any purchases you’ve made with the cardholder’s credit card.
If you are accused of credit card fraud your first step should be to contact a defense attorney who is skilled in credit card fraud defense. The responsibility to prove that someone is guilty of credit card fraud falls on the prosecutor, so your responsibility is to prepare an adequate defense.
Even if there is evidence against you that is sufficient, you can still argue that you should not be fully punished. Your attorney can defend and negotiate so that your charges get lowered. Your attorney may also be able to convince the court that you are otherwise a good citizen, and you should instead be put on probation, or a diversionary program. Your attorney may also be able to lessen your fine, resulting in you paying back less restitution. Restitution can vary depending on the amount of money that was taken from the card holder.
Punishment for Credit Card Fraud
The penalties for credit card fraud vary depending on whether your charges are state charges, or federal charges, and also whether or not you have a past offense.
If you were able to acquire valuable items through unauthorized use of a credit card, you will be separately charged with larceny. In New York, Section 155.30 of the Penal Code prohibits larceny. Grand larceny in the fourth degree under this law, imposes punishment for obtaining anything of worth anywhere between one and three thousand dollars. Section 155.35, grand larceny in the third degree, imposes punishment for the wrongful taking of anything valued between three and fifty thousand dollars. Section 155.40 criminalizes the wrongful taking of anything valued between fifty thousand and one million dollars. Lastly Section 155.42, which is the most severe, imposes punishment for the wrongful taking of anything valued at one million dollars, or more.
Lastly, if you were involved in credit card scamming through hacking someone, you will be separately charged as well. In New York, in Section 165.15(1) of the Penal Code prohibits the usage of a credit/debit that a person knows is stolen. For example, agreeing to pay for a service on a credit card that a person knows is stolen. Section 165.17 of the New York Penal Code prohibits someone from using a credit/debit card that they know is canceled or revoked to obtain a product or a service.
At The Law Office of Yifei He, PLLC, our lawyer has years of experience helping clients overcome a wide range of legal barriers. With our attorney by your side, you can navigate this process with efficiency and confidence.
Request your free initial consultation by calling 1 (917) 338-7678 or sending us an online message today.