Being charged with a crime should always be taken seriously, especially when the offense is related to credit card fraud. If you have been arrested for the unlawful use of a credit card, understanding your legal options and the potential penalties associated with a conviction is imperative in protecting your rights and future. To learn more and secure skilled representation, contact a Rockland County criminal defense attorney today.
New York Penal Code § 165.17 outlines the crime titled “Unlawful use of a credit card, debit card or public benefit card.” This offense involves the following.
“A person is guilty of unlawful use of credit card, debit card or public benefit card when in the course of obtaining or attempting to obtain property or a service, he uses or displays a credit card, debit card or public benefit card which he knows to be revoked or cancelled.”
Essentially, you are guilty of unlawful use of a credit card if you use or attempt to use a credit card to purchase goods or services while knowing that the card is invalid for some reason. If you are aware that the issuer of the card has cancelled it or revoked your ability to use it, attempting to do so is a crime.
The key elements of this offense are your intent and knowledge of the card’s status. You must knowingly and purposefully attempt to purchase or obtain goods or services using a card that you have prior knowledge of being revoked or cancelled.
If you have been arrested for misuse of a credit card, understanding the charges you are facing and the potential outcome of your case is crucial. Unlawful use of a credit card, debit card or public benefit card is a class A misdemeanor, the most severe type of misdemeanor in New York.
Under New York state law, class A misdemeanors are punishable by a definite sentence of up to 364 days in jail and a fine of up to $1,000.
Other possible consequences include mandatory community service, probation, state surcharges, victim restitution, and more. These legal penalties can have significant effects on your daily life in terms of personal relationships, employment, and more.
While unlawful use of a credit card is not a felony offense, it is still important to secure skilled legal representation. Facing any type of criminal charges can be overwhelming and result in significant repercussions.
It is crucial that you understand your rights, gather evidence, and build a strong case in your defense to protect yourself and your future. A knowledgeable criminal defense attorney can help guide you through the legal process and navigate your charges.
For more information and to discuss your case, reach out to a skilled attorney at the Law Office of Kevin T. Conway today.
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