Credit Card Theft
When an individual attempts to use, uses or is found in possession of stolen credit cards, you can expect a theft offense to follow. Those charged with credit card theft face a conviction for a crime of the third degree or fourth degree, either of which is a felony that can only be dealt with in Trenton at the Mercer County Superior Court. If you were arrested for stealing, attempting or using a stolen card, it is important that you hire an experienced attorney defend your case. The criminal defense lawyers at the Law Offices of Jonathan F. Marshall have over 100 years of combined experience defending credit card theft charges arising in Hamilton, Lawrence, West Windsor, Princeton, Trenton and other municipalities in the county. To speak to a lawyer on our staff in a free consultation, you can contact our office anytime of day or night. Attorneys are available to assist you immediately by calling 609–683–8102.Credit Card Theft Charge in Mercer County
The State of New Jersey criminalizes an array of credit card offenses. In this regard, N.J.S.A. 2C:21-6(c) sets forth six varieties of theft involving credit cards. The headings below discuss each pedigree of credit card theft.Taking the Credit Card of Another Without Consent
An individual has committed credit card theft of the fourth degree if they have taken or received a credit card without the cardholder’s knowledge or consent. Consent is invalid if the credit card is acquired by deception, extortion, misappropriation, or false pretense. To be found guilty the state must prove that the person in possession of the credit card intended to use, sell, or transfer it to another person. The state will presume that a person is in violation of the statue if they are in possession of two or more credit cards not in their name.Receipt of Lost, Mislaid, or Mistakenly Delivered Credit Card.
The second type of credit card theft occurs when a person obtains a credit card that was lost, mislaid, or mistakenly delivered to the wrong address. To be found guilty the state must prove that the person in possession of the card knew the card was lost and intended to use, sell, or transfer it to another person. Receipt of a lost, mislaid, or mistakenly delivered credit card is a crime of the fourth degree.Selling or Buying Credit Card from a Person Other than Issuer
It is a crime of the fourth degree if an individual buys a credit card from, or sells a credit card to, a person who is not the issuer. This section is intended to criminalize the transfer of stolen credit cards.Obtaining Credit Card as Security for Debt
It is a crime of the fourth degree if a person obtains a credit card as security for a debt and intends to use it to defraud the issuer or anyone providing goods and services.Falsely Making or Embossing Credit Card
In the state of New Jersey it is a crime of the third degree when an individual falsely makes or embosses a credit card with the intention of defrauding the issuer or anyone providing good and services.Possession of two or more falsely made or embossed credit cards will create a presumption that the defendant had violated this section of the statute. The presumption is not mandatory. The trier of fact may accept or reject the inference.Unauthorized Signing of a Credit Card.
The sixth credit card offense occurs when a person who has not been authorized by the cardholder signs a credit card with the intent to defraud the issuer. Unauthorized signing of a credit card is classified as a crime of the fourth degree.Penalties for Credit Card Theft
Generally, credit card offenses are crimes of the fourth degree punishable by fines of up to $10,000 and a maximum prison sentence of 18 months. In instances where a person creates a fake credit card they can be charged with a crime of the third degree and subjected to penalties that include a fine of up to $15,000 and three to five years in prison.Hamilton Township Credit Card Fraud Defense Lawyer
Stealing a credit card or attempting to use one in Ewing, East Windsor, Hopewell Township, Hightstown, Pennington or elsewhere in Mercer County, can compromise your future when if results in a conviction under 2C:21-6. The lawyers at the Law Offices of Jonathan F. Marshall are prepared to make sure that does not occur. We will fight on your behalf to secure the outcome you need whether that involves a dismissal, downgrade or gaining admission into Pretrial Intervention. To speak to a lawyer about exactly how we can help you, call us at 609–683–8102 for a free consultation. An attorney is ready to assist you immediately.