Charlotte Criminal Lawyer Blog
Fighting Credit Card Fraud Charges
Misuse of credit cards may result in criminal charges. Credit card fraud may be either a misdemeanor or a felony, depending on the factors of the alleged crime. Any type of criminal charges are serious. If you have been accused or charged with credit card fraud, you will want to vigorously defend yourself against the charges. A knowledgeable criminal defense attorney will help guide you through the legal process and help you defend the charges.
What is Credit Card Fraud?
Credit card fraud is the unauthorized use of someone’s credit card or credit account. Under North Carolina law, credit card fraud is called financial transaction card fraud. In order to be convicted of the crime, the person must have the intent to defraud the person or the credit card issuer of goods, services, or any other thing of value.
Online shopping allows people to make purchases without the need to have a physical card present at the time of purchase. This increases the risk of fraud. Credit card fraud can occur when someone uses a credit card number that they were not allowed to use. Credit card fraud may occur by a relative or friend of the victim or may be random. In addition, the victim is often the bank or issuer of the credit card that was fraudulently used.
Credit Card Fraud Charges
Credit card fraud may be a misdemeanor or a felony. North Carolina law defines a variety of crimes that fall under the general category of financial transaction fraud. The most common charges include:
- Financial Transaction Card Theft
Financial transaction card theft is also simply called credit card theft. Under North Carolina law, it is a Class 1 felony to take, obtain, or withhold a credit card from a person without the consent of the cardholder and with intent to defraud.
- Forgery of Credit Card
North Carolina law (NCGS 14-113,11) defines credit card forgery as falsely making, embossing, duplicating, encoding, signing, or altering a financial transaction card. It also applies to orally stating the card information. This is a Class 1 felony.
- Criminal Possession of Financial Transaction Card Forgery Devices
It is a Class 1 felony for a person other than the cardholder to illegally possess two or more incomplete credit cards with the intent to complete them without consent. This charge also includes the possession of machinery or other items designed to reproduce credit cards without consent.
- Criminal Receipt of Goods or Services Obtained Fraudulently
It is a crime to receive money, goods, services, or anything of value with the knowledge or belief that it was obtained through the illegal use of financial transaction cards. It is a misdemeanor when the value of the items is under $500 and a felony when the value is more than $500.
Defending Credit Card Fraud Charges
There are some defenses to credit card fraud charges. Lack of knowledge is a possible defense if you can prove that you did not know the card was stolen or did not intend to use it for fraudulent purposes. Another potential defense is that the defendant made a mistake and thought they were permitted to use the card. Other defenses may include entrapment, duress, or necessity. A skilled attorney will help present your defense in court. If you have been accused of credit card fraud, you will want to consult with an attorney before you make any statements to law enforcement.
Credit card fraud charges can be serious and may result in severe punishments if convicted. Contact our lawyers as soon as possible at Arnold & Smith, PLLC, at (704) 370-2828 for a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-113.9.html
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-113.11.html
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