New York Credit Card Fraud Frequently Asked Questions
There is no single crime, in the New York criminal code called “credit card fraud.” However, there are a variety of criminal actions that involve identity theft, grand larceny, and the fraudulent use of another person’s credit card. Credit card fraud can involve stealing someone’s credit card and making purchases both online and offline. It can also involve assuming another person’s identity and opening accounts. This can mean assuming a stranger’s identity as well as opening an account using the name of a family member. Similarly, credit card fraud can involve purposely lying on a credit card application. Credit card fraud can even involve making fake credit cards. Regardless of the exact fraudulent activity involved, facing a credit card fraud charge is serious. Contact an experienced credit card fraud attorney in New York for help.What is identity theft?
Identity is a crime that involves using another person’s indentifying information, such as name, birth date, and social security number, to obtain goods or services. There are three identity theft offenses in New York including identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, and aggravated identity theft.What is the difference between identity theft in the first, second, and third degree?
If you knowingly represent yourself to be someone else, or if you use someone’s personal identifying information to apply for a credit card, then you will have committed the crime of identity theft in the third degree, a class A misdemeanor. For example, 35-year-old George Smith, Jr. has a terrible credit score and was turned down for several credit cards. So, he decided to apply for a card in his father’s name, George Smith, Sr. George Jr. was able to get a major credit card with a credit line of $1,000. He used the card for purchase gas, groceries, and other necessities. He also paid the bill on time each month. After checking his credit report George Sr. discovered the account. He was very angry and told his son that he was going to call the police. Worried, George Jr. contacted a New York credit card fraud lawyer to discuss his legal options.
If the value of the goods or services obtained using a fraudulent obtained credit card exceeds $500, then the charge will be identity theft in the second degree, a class E felony. In addition, if you commit the crime of identity theft and at the same time commit another felony, the charge you will face is identity theft in the second degree. Having a prior record of identity theft or grand larceny are aggravating factors that will bump up the charge to second degree identity theft.
You will face the charge of identity theft in the first degree if the value of the goods or services purchased with the fraudulently obtained credit card exceeds $2000. Just like with the charge of second degree identity, committing a felony and having a prior history of committing identity theft or grand larceny will result in the charge being raised to first degree identity theft, a class D felony.What is aggravated identity theft?
If you use the identity of a deployed member of the armed forces to obtain a credit card and obtain goods or services with a value in excess of $500, the charge will be aggravated identity theft, a class D felony.What other charges might I face if I am charged with credit card fraud?
As a New York credit card fraud lawyer will explain, if you are suspected of committing credit card fraud, the prosecutor may also charge you with grand larceny. If you steal someone’s credit card, assume another person’s identity to obtain a credit card and use it to make purchases, or make purchases using a fake credit card, then the property your obtain would have been stolen. You also may face federal charges related to mail fraud.Still have questions? Contact the Law Offices of Stephen Bilkis & Associates for help
If you have been charged with identity theft, grand larceny, or another crime related to credit card fraud, it is important that you have experienced representation. The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience successfully defending clients in New York criminal courts who have been charged with white collar crimes such as credit card fraud and computer fraud. Contact a credit card fraud attorney serving New York at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.