To convict someone of the most common version of Credit Card Fraud, the prosecutor must prove the following four elements
That someone represented themselves as the owner of a credit card,
Without the permission of the actual owner of the credit card,
With the intent to defraud the owner of the credit card, and
Based on the misrepresentation, money or services were obtained.
Each of these elements can be difficult to prove and there are many potential defenses available.
Credit card theft is when someone is charged with stealing another person's credit card or credit card number. It is not necessary that the credit card or credit card number is used. Stealing the card or number is enough to convict.
Almost all the credit card offenses are Class 6 felonies. That means they are punishable by up to 5 years in prison.
Yes. It's come to prosecutors to stack charges. Stacking charges means that you are charged with a significant number of individual crimes for the same conduct. For example, you can be charged with both credit card fraud and theft for taking someone's card and using it. If you steal someone's wallet and there are three credit cards in the wallet, you can be charged with three separate credit card theft charges and then another three credit card fraud charges if you use each credit card.
That's tough, because if you stole the same person's wallet and they have three twenty dollar bills in the wallet, you couldn't be convicted of three separate larceny charges. Credit cards are treated differently because the legislature has written the credit card laws to allow for charge stacking.
You need an affordable attorney who has your interests at heart. Make sure that you understand your options. Call us for a free consultation.