The unauthorized taking of someone’s credit or debit card with the intent of removing money from the account or charging the card with a purchase defines credit card fraud. New York criminal law recognizes two categories of credit card fraud: stolen, canceled, or revoked credit cards, and forged credit cards.
If you are facing charges of credit card fraud in New York, it is important that you retain the services of an experienced Bergen County criminal attorney. Our firm understands the system put in place in New York regarding these charges and will advocate for you through each step of the process ahead. Continue reading to learn more about credit card fraud in New York.
What are the two categories of credit card fraud?
- Stolen, Canceled, or Revoked Credit Cards: This category of credit card fraud relates to stolen, revoked, or canceled credit cards. Section 165.17 prohibits a person from the unlawful use or display of a credit card to purchase anything with the knowledge that the card is revoked or canceled. This category of credit card fraud can be punishable by up to a year of jail time and a $1,000 fine. Penalties for this category of credit card fraud can include prosecution for Criminal Possession of Stolen Credit Cards. This is a Class E Felony that can result in up to four years of prison time. If the individual also signed for a purchase using the name of the actual cardholder, an additional charge of forgery may be added. Further charges for credit card fraud as such include Identity Theft in the First Degree, Grand Larceny from the Person, and Credit Card Grand Larceny & Theft.
- Forged Credit Cards: Possessing a credit card that has been forged, altered, or is a fraudulent copy is prohibited under New York Penal Law Section 170.25. These acts are considered a Criminal Possession of a Forged Instrument in the Second Degree. This is considered a Class D felony. A Class D felony can result in up to seven years in prison.
If you are facing credit card fraud charges in New York and are accused of larceny and theft crimes, you will require the assistance of an experienced Bergen County criminal attorney. Your attorney will be able to examine all potentially extenuating or exonerating circumstances. They will also be able to research the details of your case. This will include research regarding if you had the card owner’s permission to use the credit card, if there was a valid reason why it was in your possession, and if you were aware of the fact that the card was forged.
To learn more about retaining the service of our experienced firm, give us a call today.
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Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.