Arrested for Credit Card Fraud in NJ? We Can Help
Credit Card Fraud Defense Lawyers Near Me with offices in Morristown, NJ
Credit Card Fraud Charges in NJ
Credit card fraud, also known as the fraudulent use of a credit card, is classified as a third degree felony offense in New Jersey. Although there is a presumption of non-incarceration for first-time offenders associated with third degree crimes under NJ Law, defendants who have an existing criminal record can be sentenced to serve between three (3) and five (5) years in New Jersey State Prison upon conviction.
If you have been charged with credit card fraud in New Jersey, you may also be charged with credit card theft, which is another indictable criminal offense that can be considered a third or fourth degree crime. The State considers the act of simply having a stolen credit card in your possession as the probable cause necessary to charge you with credit card theft. As a result, if you are believed to have fraudulently used a credit card, you can easily be prosecuted for allegedly stealing the card as well.
Regardless of the number of crimes for which you are accused, a charge for credit card fraud can have devastating effects on your reputation and impact the rest of your life. Further, a felony conviction on your criminal record may impede your efforts when applying for a job or attempting to adopt a child, and can even spell negative implications for your immigration status if you are not a U.S. citizen.
The criminal defense lawyers at The Tormey Law Firm have the experience and dedication necessary to serve as your advocates in the legal system. Our extensive knowledge of the law and specifically-formulated strategies for fighting credit card fraud charges allow us to successfully defend clients in courts throughout New Jersey, including in Essex County, Passaic County, Bergen County, Morris County, and Hudson County. Call The Tormey Law Firm anytime at (201)-556-1570 for a free consultation with one of the firm’s skilled criminal defense attorneys. We are happy to discuss your case, answer your pressing questions, and if you choose to obtain further services, you can move forward with confidence and a dedicated defender on your side.
Introduction to Credit Card Fraud and Related Crimes under New Jersey Law
Credit card fraud has been a growing problem nationwide. In response, the New Jersey legislature enacted the New Jersey Credit Card Fraud Act to combat credit card crime (N.J.S.A. 2C:21-6). The Act prohibits obtaining a credit card through misrepresentation or theft and using a credit card to commit fraud or theft. Unfortunately, with the ease of acquiring credit in the mail and online offerings, fraud opportunities are plentiful. Many credit card companies offer credit upon reviewing your credit score. And paying your bill on time is one of the easiest ways to build good credit and raise your credit score. As such, those who have good credit can obtain credit cards quickly. But those without good credit may obtain credit cards fraudulently or steal others’ credit cards and sell them to others. However, if you commit credit card fraud in New Jersey, you risk serving a lengthy prison term.
Fraudulent Use of a Credit Card in NJ: A Third Degree Crime
New Jersey Law outlines offenses involving the Fraudulent Use of a Credit Card in N.J.S.A. 2C:21-6h of the Criminal Code. N.J.S.A. 2C:21-6h sets forth:
A person who knowingly uses any counterfeit, fictitious, altered, forged, lost, stolen or fraudulently obtained credit card to obtain money, goods or services, or anything else of value; or who, with unlawful or fraudulent intent, furnishes, acquires, or uses any actual or fictitious credit card, whether alone or together with names of credit cardholders, or other information pertaining to a credit card account in any form, is guilty of a crime of the third degree.
The law focuses on fraudulent credit card use. The first type of fraudulent use is knowingly using a stolen, expired, revoked, or forged credit card. For conviction, the user must have known the card use was unauthorized by the issuer or the owner. The intent to use the card to get free money, goods, or services at the expense of the issuer, merchant, or service provider is also an element of the crime. Thus, if the accused did not know the card was unauthorized, they could not commit the crime. Similarly, representing that you have authority and consent to use another’s credit card is a crime. So, if you use someone else’s card without their permission to buy groceries, knowing the card is not yours, though the grocery clerk believes the card is yours, your intent to make the illegal purchase is the crime.
Goods and services providers can also commit credit card fraud. For example, it is a third degree crime for a clothing store clerk to accept payment for merchandise from a customer using a stolen, expired, revoked, or counterfeit credit card. In essence, the clerk allows a crime to take place. A second way to commit the crime is to charge the card for services or goods purchases that never occurred. And if you receive anything of value, knowing you did so in violation of the credit card fraud laws, you are guilty of a fourth degree crime. Thus, if your friend shows you the handful of credit cards that are not in their name and buys you a new cell phone with one of the cards, your receipt of the phone may lead to charges for a credit card fraud offense.
What if I am Found Guilty of Credit Card Fraud?
The fraudulent use of a credit card is a third degree crime in New Jersey, as the aforementioned statute provides. State law mandates that a third degree crime is punishable by a term of incarceration ranging from three (3) to five (5) years in New Jersey State Prison and a maximum $15,000 fine, provided that the presumption of non-incarceration does not apply. If you have no prior criminal record, you may be sentenced to probation instead of jail time; however, you will still have a felony conviction hanging over your head for years to come. Finding the right lawyer can have a significant impact on your chances for achieving a positive result in court.
Lying to Acquire a Credit Card in NJ: A Fourth Degree Crime
One form of credit card fraud involves lying on a credit application. It is a fourth degree crime to make material representations on a credit card application. Material representations include those that a credit card company or bank relies upon to issue credit. Thus, inflating your income, misrepresenting your marital status, using a false name, social security number or address, and any other information is considered credit card fraud. So, if you apply for a credit card using a stolen identity, you may be found guilty of credit card fraud and can spend up to 18 months in prison if convicted. To convict you, a prosecutor must show that you knew that your identity was false when you applied; in addition, you misrepresented your identity to get the credit card company to issue you credit by relying on your misrepresentations.
Defenses in Credit Card Fraud Cases
There may be valid defenses to the charges if you have been accused of credit card fraud. Take, for example, the person who uses their deceased parent’s credit card to purchase furnishings for the house they shared with the deceased parent. The individual may have known the credit card did not belong to them but believed they were entitled to use the card since they handled their father’s finances and were allowed to use credit cards belonging to the father previously. The defendant’s lack of intent to deceive pokes a gaping hole in a prosecutor’s case. The state cannot prove credit card fraud without the intention to deceive. Making a mistake is not the same as intending to deceive or deceptively using a credit card, even one that is not yours.
Other defenses may exist to exonerate you or mitigate the severity of a sentence. You may need to thoroughly discuss everything that occurred, from activities the state considers criminal to the arrest and seizure of evidence, with an experienced lawyer to know what avenues are open to you in defeating a conviction. For example, if you used your spouse’s credit card not knowing they reported it stolen, a credit card fraud conviction is unlikely if you can prove the card was yours. Additionally, you may have mistakenly been charged if you actually had the person’s permission to use their card. Mistakes and misunderstandings happen, especially with all of the complicated information included in credit card applications. For this reason, it is extremely important to explain all the circumstances of your actions, interactions, investigation, and arrest to a defense attorney. You may have incorrect charges, insufficient evidence against you, or your constitutional rights were infringed upon in other ways in the course of the investigation.
Frequently Asked Questions (FAQ) Regarding Credit Card Fraud Charges in NJ
FAQ: Is credit card fraud a felony in New Jersey? Yes. This means that it will be prosecuted by the county prosecutor’s office in the Superior Court in the county in which you are charged. And the case will be presented to a grand jury for an indictment if it is not resolved before then.
FAQ: If convicted of credit card fraud in NJ am I going to jail? You are facing 3-5 years in jail and it depends on your criminal history.
FAQ: Can I get a diversionary program on credit card fraud charges in NJ? Yes, you are eligible for the Pre-Trial Intervention (PTI) program if you have no prior record and you have never used a first offender program before. If accepted into PTI, you will be placed on probation and the charges will be dismissed against you if you successfully complete the probationary period.
Need Lawyer for Credit Card Fraud Charge in NJ? Contact Us Now
Take your first step in the right direction and call the Tormey Law Firm today for a free consultation about your case.
The firm’s founder, Travis J. Tormey, and his associates can be reached anytime at (201)-556-1570 or (201)-556-1571.
