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, also known as the fraudulent use of a credit card, is classified as a third degree felony offense in New Jersey.
Call The Tormey Law Firm anytime at (201)-556-1570 for a free consultation with one of the firm’s skilled criminal defense attorneys. They 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.
Credit Card Fraud Charges 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.
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.
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.
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.