New York Credit Card Fraud Lawyer
Credit card fraud is similar, yet unique, to other types of fraud. Such a crime occurs if a person is doing something to deceive, injure, or defraud another person with a credit card, or the person uses a credit card wrongfully to steal, secure a service, or gain property or money they would otherwise not be entitled to.
If you have been charged with credit card fraud, it is important to consult with an experienced New York fraud lawyer as soon as possible. A knowledgeable credit card fraud attorney in New York City can help lessen or dismiss any penalties associated with your charge.Defining the Charge
There is not a specific definition of what credit card fraud is, but instead incorporates many different crimes ranging from identity theft and forgery to grand larceny and criminal possession of a forged instrument. That is why someone who is alleged to have been involved with fraud should speak with a New York credit card fraud lawyer.
If a person possesses a fake credit card, it classifies as a forged instrument. This will land an individual with the charge of a forged instrument in the second degree, which is a D felony. This is if the prosecutors can establish that the credit card is an instrument that the person knew was forged with the intent to defraud, deceive, or injure another person.
If a person steals a credit card, it is an E felony of fourth-degree grand larceny and fourth-degree criminal possession of stolen property. If the person is signing someone’s name to a credit card and obtaining property or service, the person is looking at potential felonies for identity theft in both the second and first degrees.Severity of the Crime
Credit card fraud could be as simple as embezzlement and unauthorized transactions from a business, colleague, friend, or employer. In these scenarios, the crime would include a grand larceny. Such a serious offense can be best defended using a credit card fraud attorney in New York City.
Credit card fraud can lead to countless felonies where an individual has judges and prosecutors who simply are not sympathetic to people who commit these crimes. Prosecutors will often be diligent in their investigation and harsh in their sentences.
The theft or possession of a stolen credit card, just by the nature of it, is based on whether the person knew that they stole a debit or credit card. It is important to know that an individual can knowingly steal a wallet that happens to have a credit card in it, but the person does not know that they stole the credit card inside. The law does not differentiate. An individual will be charged with grand larceny.Diversion Programs
There are no diversion programs available for a New York credit card charge. This is not some sort of drug or alcohol abuse where an individual can better themselves through a rehabilitation program.
If the person wants to divert from incarceration, they must hire an experienced credit card fraud attorney in New York City who has handled these types of cases before and knows how to properly navigate the legal system.Potential Penalties
If a person possesses that stolen credit card or steals that credit card, it is an E felony which serves between one and a third to four years in prison. This is grand larceny in the fourth degree. Such a charge should not be defended without the use of a New York credit card fraud attorney.
If the person has a fake credit card, they will be charged with a D felony. This penalizes an individual with between two and a third to seven years in prison.
If the person signs a signature when they are doing these transactions, or they write someone’s name on the back of the credit card, that is identity theft in conjunction with the D felony. Now an individual will have a D felony identity theft, which is identity theft in the second degree.
If a person uses that card to secure property and spends over $1,000, it is an E felony. If the person spends over $3,000, it is a D felony, and spending over $50,000 brings forward a C felony, which carries between five and 15 years in prison.
Credit card fraud comes in various forms, but all of the transactions are crimes that can be committed with the credit card that is stolen, faked, falsified, or forged. To properly combat any sort of charge an individual may be facing, they must not hesitate before consulting with a seasoned New York City credit card fraud attorney.