In New York, the unauthorized taking of another person’s credit, debit, or public benefit card with the intent of removing funds from the account for goods and services is considered credit card fraud. Credit card fraud is a severe criminal offense with significant penalties, including steep monetary fines, jail time, and a life-long criminal record. If you or someone you love has been charged with credit card fraud, you should connect with a talented Rockland County Criminal Defense Attorney who will fight tirelessly for the best possible outcome for your case.
What Constitutes Credit Card Fraud in New York?
New York criminal law recognizes two categories of credit card fraud: theft of services and the unlawful use of a credit card. The first illicit usage pertains to the fraudulent use of credit cards that have been stolen. The second illicit usage pertains to the fraudulent use or display of a credit card that has been revoked, canceled, or forged. A person is guilty of theft of services if they obtain or attempt to obtain service on a credit basis by the use of a credit card or debit card that they know is stolen- or induces or attempts to induce the supplier of the service to agree to payment on a credit basis by the same means. A person is guilty of the unlawful use of a credit card if they use or display a credit card that they know is revoked or canceled to purchase anything.
What Are the Penalties?
In New York, credit card fraud carries harsh penalties. A person guilty of theft of services by credit or debit card and unlawful use of a credit card, debit card, or public benefit card will face a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. A person guilty of theft of services for possessing stolen property and credit card grand larceny will face a Class E felony. This offense is punishable by up to four years in prison, a fine of up to $5,00, or double the defendant’s gain from the commission of the crime.
It’s crucial to note that those who commit theft of services through stolen credit or debit cards may also face charges for other theft-related crimes. For instance, you could face criminal charges for identity theft, forgery, grand larceny from a person, criminal possession, and forgery. Possessing a credit card that has been altered or forged is a Class D felony, which can result in up to seven years in prison.
If you have been charged with credit card fraud in New York, please don’t hesitate to contact a determined Rockland County criminal defense attorney who can help you examine all potential extenuating or exonerating circumstances that may lead to reduced or dismissed charges.
