Credit card and debit card abuse is common these days. Credit card fraud law thus typically establishes criminal penalties for deceptive, unlawful or unauthorized use of another person’s credit card account in an attempt to
- Steal money
- Steal goods
- Steal services
In Texas the statutes prohibiting credit and debit card abuse and crimes have been enacted at all levels of government. The laws are also enforced by a number of agencies, ranging from local police to the U.S. Secret Service department. Credit and debit card Fraud charges can have serious consequences hence when charged, defending yourself and trying to secure a verdict or not guilty should be the ideal goal. Skilled criminal defense attorney, John. R. Teakell can make a tremendous difference in the outcome of your case.
Unlawful or unauthorized credit and debit card fraud is committed under any of the following circumstances when –
- An individual unlawfully captures and uses someone else’s credit or debit card information
- An individual unlawfully uses someone else’s credit or debit card details to purchase goods and services.
- An individual unlawfully uses someone else’s personal information to open a credit card account. This is also regarded as identity theft.
- An individual uses his own credit card knowing well that the card is invalid or revoked.
Types of Credit Card Fraud Crimes
Typically the most common Credit Card Fraud Crimes can becharacterized in two ways such as –
- “Card present” crimes
- “Card not present” crimes
As the name implies the “CARD PRESENT” CRIMES are those in which the victim’s credit or debit card has been stolen. The category in this case also includes the unlawful schemes such as –
- Applying for new credit cards in the victim’s name
- Changing the address on the victim’s account for getting replacement of cards
On the other hand the “CARD NOT PRESENT” CRIMES do not require the thief to gain access to the victim’s physical card. The fraud is accomplished by recording the credit card number and other identifying information. In fact these schemes are the most difficult to detect, as the victim and the thief can be thousands of miles apart during the time when the credit card information is stolen.
Credit and debit card fraud charges are usually FELONY OFFENSES that can be prosecuted in state and even federal court. It is thus important you speak with best criminal defense attorney as soon as possible If you or a loved one are facing felony charges for credit or debit card fraud.
Below are just a few of many examples of potential credit and debit card fraud schemes.
Debit card fraud
It is similar to other types of credit card fraud and involves a debit card that has been linked to a bank account. The fraud thus makes it possible to withdraw funds from a bank account or credit institution.
Identity thefts and credit card fraud
Identity thefts and credit card fraud occurs whenidentifying information is obtained and the stolen identity is used in obtaining a credit card unlawfully. The victim whose identity has been stolen thus will have the debts listed on his or her credit report.
Pre-paid credit card fraud
The fraud involves using the balances on a prepaid card without authorization. Standard credit card fraud schemes are used for prepaid card fraud.
Corporate or company credit card fraud
When an employee embezzles company funds by using the company credit card unlawfully, it falls under Corporate or company credit card fraud schemes. The Corporate cards are also susceptible to other types of fraud, such as creating the cloned card etc.
Merchant credit card fraud
This kind of fraud occurs when a merchant is defrauded in some manner related to credit. In fact merchants are also at risk of merchant credit card fraud with cloned or stolen credit cards.
Penalties for Credit and debit card Fraud
Finding of guilt for Credit and debit card Fraud could result in high fines, long prison sentence, court costs, supervised probation and also a permanent black mark on your record. Keep in mind; state and federal authorities usually make the decision on whether you should be prosecuted on the state level or the federal level
Credit card fraud is usually a felony offense. For the uninitiated; felonies are more serious crimes and penalties may result in more than a year of jail time. FELONY credit card fraud is punishable by a $25,000 fine and 15 years in prison.
Whether or not the credit card fraud will be considered a felony however depends on a number of factors. The state statute might make credit card fraud a MISDEMEANOR if
- No property is obtained with the stolen card
- The property obtained does not exceed the amount of $500
It carries a penalty of a fine of $1,000 and a sentence of up to one year in the county jail. As the value of the property obtained through the unlawful usage of the credit card increases, so does the penalty.
First Offenses vs. Repeat Credit Card Fraud Offenders
Like any other criminal offenses, prior convictions can make your legal situation worse. In case of Repeat Credit Card Fraud Offenders the maximum sentence could go up to 20-years.
As one of the leading Credit Card Fraud defense lawyer John R. Teakell has successfully represented defendants on the state and federal level. As a former prosecutor, Teakell knows first-hand the most promising methods of compelling the government to prove its case against the accused, or drop the charges.
How John Teakell the best criminal defense attorney can help.
It makes sense to mention here, facing prosecution for any kind of white collar crime is a terrifying experience; however credit card fraud charges take even greater toll on the defendant. Needless to say; credit card fraud carries a certain stigma hence the local prosecutors are thus inclined in “making an example” of the defendant in order to ensure that these frauds are not treated leniently. Do not take a chance with your future. Do not just trust any lawyer to defend you when you are accused of credit card theft.
Only a skilled credit card fraud attorney can be a powerful ally in proving your innocence or ensuring that a fair sentence is handed down. The Law Offices of John R. Teakell in Dallas, Texas, provides customized, attentive legal services to people accused of white collar crimes.
The fact of the matter is; for those who plan to plead guilty, it is his job to reason with the judge. On the other hand; for defendants who are going to trial, Teakell reviews
- State’s evidence for discrepancies
- Conducts independent investigation
- Develops winning trial strategy
- Present the case to the jury in convincing fashion.
As one of the most preferred Criminal defense attorney in Dallas Teakell sifts through facts with a fine-tooth comb in pursuit of mitigating circumstances or evidence most likely to bring about the greatest degree of “damage control” possible. Meet John. R. Teakell for a consultation
