Have you or a loved one been charged with credit card fraud in New York? Credit card fraud is similar to other types of fraud charges. Credit card fraud occurs if an individual is doing something to deceive, injure, or defraud another person with a credit card, or uses the card to steal, secure service, or gain property or money they would otherwise not be entitled to.
What is a Credit Card Fraud Charge in New York?
There is no specific definition of what credit card fraud is, but it can include many different crimes ranging from identity theft and forgery to grand larceny and criminal possession of a forged instrument. Anyone who has been accused of fraud should speak with an experienced New York credit card fraud lawyer right away.
Types of Credit Card Fraud Charges in New York
Prosecutors may charge a number of different New York Penal Law sections from misdemeanors to serious felony charges for the possession and use of unauthorized credit cards. In credit card fraud cases New York prosecutors may files charges for:
- Theft of services (PL 165.15)
- Unlawfully using a revoked or canceled credit or debit card to obtain property or services (PL 165.17)
- Possessing a stolen credit or debit card (PL 165.42, 165.45)
- Credit Card Grand Larceny and theft (PL 155.30, 155.35 and 155.40)
- Identity Theft Crimes (PL190.80 et al.)
Understanding Credit Card Fraud Charges in New York
Forged Instrument – If you’re charged with possessing a fake credit card, it will be classified as a forged instrument. This can result in a Class D felony if the prosecutor can establish that you knew it was forged and intended to use it.
Grand Larceny – If an individual steals a credit card, it is a class E fourth-degree felony and fourth-degree criminal possession of stolen property.
Identity Theft – When an individual signs someone’s name to a credit card and uses it, the potential outcome, if successfully prosecuted, can result in both first and second-degree felonies.
Potential New York Credit Card Fraud Penalties
- Possession of stolen credit card or theft of credit card – is a class E felony, which can result in between one to four years in prison if convicted.
- Possession of a fake credit card – is a class D felony, which can result in between two to seven years in prison if convicted.
- Signing or forging a signature is considered identity theft – a class D felony, which again, can result in two to seven years in prison if convicted.
It’s important to note that the more money an individual spends on a stolen or fake credit card, the more severe the type of felony and a potential prison sentence . Credit card fraud can be a state or federal charge. Federal prosecutors can either initially charge an individual, or if they develop an interest in a state case, they can take over.
New York Credit Card Fraud Defense Attorney Gilbert C. Parris
Criminal defense lawyer Gilbert C. Parris has been practicing criminal law for over 20 years. He spent years on the other side working as a State Prosecutor in Kings County, NY. He leverages his unique experience on both sides of the courtroom to build strong defense strategies for every client. Mr. Parris can help you or your loved one with all aspects of a credit card fraud charge.