New York Credit Card Fraud
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The FTC or Federal Trade Commission says that credit card fraud is a very common crime, affecting over 9 million Americans annually. A New York Credit Card Fraud Lawyer from our team claims that because this crime is so common, these offenses are aggressively investigated and prosecuted. Because the use of computers and the internet have grown in the past several decades, these crimes are increasing at an alarming rate. The New York District Attorney’s office closely monitors this type of criminal activity and aggressively pursues perpetrators of these crimes. If you have been charged with this offense, it is important to seek out legal guidance. If convicted, penalties can include prison time, probation and large fines. Speak to the team at Stephen Bilkis & Associates, PLLC for legal guidance and a free consultation.
This crime includes various offenses that involve the fraudulent use theft of a credit card. This crime often occurs when a person uses another’s card to purchase something. This crime is also associated with Computer Fraud, because often these illegal transactions take place over the internet.
This offense can include:
- Using someone’s credit card without their knowledge or permission
- Stealing a credit card
- Obtaining a fraudulent credit card via the U.S. mail
- Distributing or manufacturing fraudulent credit cards
- Using fraudulent information on a credit application
- Creating a website to fraudulently access credit card information
A common offense involves New York Penal Code Section 165.15 (1). This code section states that if someone buys something as small as an article of clothing or a movie ticket with another’s credit card, they are guilty of this offense. This crime is also usually seen in conjunction with other offenses such as Criminal Possession of Stolen Property in the 4th degree, forgery and identity theft. This crime is classified as a class A misdemeanor, which is punishable by up to one year in jail.
Our legal team often deals with New York Penal Code section 165.17, Unlawful Use of a Credit Card, Debit Card or Public Benefit Card. This crime is committed when someone uses a card that they know is not valid. This crime is a class A misdemeanor. However it is important to note that if the amount of the charge was over $1,000 the crime of Grand Larceny can apply, which is a felony offense.
It is important to know what you do not have to be physically in possession of the actual credit card to be charged with this crime. The use of the credit card number is enough to commit this offense. Statistics report that over ½ of all online credit card fraud is committed by only using the numbers.
If you have been charged with this offense, it is likely that you have already been investigated for this crime. They may have documentation supporting your charges, or they may even have surveillance video against you. Our legal team will examine:
Whether your Miranda rights were maintained;
Were your constitutional rights respected;
Did a proper search and seizure take place;
Make sure that there is sufficient evidence against you.
If you are convicted, the consequences of this crime of this crime can include a lengthy prison sentence that can range from 10-20 years, financial restitution, probation and fines. Contact our legal team for guidance and a free consultation. We will assess the circumstances of your case, and create an aggressive defense strategy to protect your legal interests. We have offices to serve you throughout New York City, including locations in Manhattan, Queens, the Bronx, Staten Island and Brooklyn. We also have offices in Nassau County and Suffolk County on Long Island, as well as Westchester County. Call us today to schedule your free consultation at 1.800.NY.NY.LAW.