Credit Card Fraud
Hamilton NJ Credit Card Fraud Defense Lawyer
There are a variety of circumstances where a person can be charged with credit card fraud in Mercer County and elsewhere in the State of New Jersey. If you have been accused of theft, misrepresentation or fraud involving credit card, you are absolutely facing a felony offense that carries the possibility of incarceration. The best proactive decision you can make if you are facing this type of credit card offense is to retain a skilled criminal defense attorney. The lawyers at the Law Offices of Jonathan F. Marshall have over 100 years of combined experience defending credit card fraud charges arising in Hamilton, Lawrence, West Windsor, Princeton, Trenton and other municipalities in the county. An attorney will gladly review the facts of your case and advise you, in a free consultation, as to your best options for defending the charge. Call 609–683–8102 to speak to a lawyer on the defense team immediately.
Credit Card Fraud Charge in Mercer County
There are numerous scenarios under N.J.S.A. 2C:21-6 in which credit card fraud may arise. The headings that follow outline the circumstances under which someone can be charged with misrepresentation or fraud involving a credit card.
I. Frauds Committed by Persons in Lawful Possession of Credit Card
i. Use of Credit Card Knowing it has been Revoked, Forged or Expired. A person can be charged with a crime of the third degree if he/she uses a credit card knowing it has been revoked, forged or expired. To be found guilty, the state must prove the following four elements. (1) The person intended to defraud the issuer or anyone providing goods and services. (2) The credit card must be used to defraud. (3) The card in question must be revoked, forged or expired. (4) The accused must have knowledge of the forgery, expiration or revocation.
ii. Representing to be a Cardholder When Not Having Authority. Representing to be a cardholder when not having authority is a crime of the third degree. In order to be found guilty, the state must establish the following three elements. (1) The defendant represented that he was the holder of the card without the consent of the issuer, or represented he was the holder of a card that has not been issued. (2) The defendant intended to defraud. (3) The defendant obtained money, goods, services, or anything of value.
II. Fraud Committed by the Provider of Money Goods or Services
Provider Knew that Card was being Used to Commit a Theft or was Forged or Had Expired. It is a crime of the third degree if a provider of goods or services accepts payment from a credit card he knows was obtained by theft. It is also a crime of the third degree if the provider knew that the card had been forged, or was expired or revoked. The state must demonstrate four elements. (1) The defendant must be authorized by the issuer to provide money, goods or services. (2) The defendant provided money, goods or services. (3) The defendant intended to defraud the issuer. (4) The defendant knew the card had been obtained by theft or knew the card was forged, expired, or revoked.
Provider Falsely Represented he Issued Goods and Services. The second offense of this nature occurs when a provider of goods or services purports to have issued goods or services when he actually has not. This is a crime of the fourth degree.
III. Possession of Incomplete Credit Card
It is possible to be charged with a third degree crime for possessing incomplete credit cards. To be found guilty of this offense the state must prove three elements. (1) The defendant is not the cardholder. (2) The defendant possessed two or more incomplete credit cards. (3) The defendant intended to complete the card without the issuer’s knowledge.
IV. Possession of Plates or Contrivance to Produce Purported Credit Card
It is a crime of the third degree to be in possession of plates or contrivances to produce purported credit cards.
V. Receipt of Anything of Value As Result of Credit Card Fraud
A person can be found guilty of a crime in the fourth degree if they have received anything of value that was acquired by credit card fraud. This provision is intended to criminalize those who have knowingly benefited from fraudulent activity.
VI. Fraudulent Use of Credit Card
The criminal code contains a provision which criminalizes the fraudulent use of credit cards. It is a crime of the third degree to use a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently acquired credit card to purchases goods or services.
Penalties for Credit Card Fraud
If you have been arrested for credit card fraud you are facing crimes of the third or fourth degree, either of which is a felony. Crimes of the third degree carry penalties of up to $15,000 and 3-5 years in prison. Crimes of the fourth degree carry penalties of up to $10,000 and 18 months in prison.
West Windsor Credit Card Fraud Attorneys
A conviction for credit card fraud in Ewing, East Windsor, Hopewell Township, Hightstown, Pennington or elsewhere in Mercer County can result in life changing consequences. The lawyers at the Law Offices of Jonathan F. Marshall are determined to help you avoid a conviction for fraud or credit card theft at the Mercer County Superior Court in Trenton New Jersey. To speak to an attorney anytime day or night, please call us immediately at 609-683-8102.
We serve clients throughout Mercer County, New Jersey — including Trenton, Hamilton, Princeton Borough, West Windsor, East Windsor, Lawrence Township, Robbinsville, Hightstown, Princeton Township, Ewing and Hopewell — and surrounding areas, including Hunterdon County and Burlington County.