Arrested for Credit Card Fraud in NJ? We Can Help

Credit Card Fraud Defense Lawyers Near Me with offices in Morristown, NJ

Arrested for Credit Card Fraud NJ best attorneys help

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. Their extensive knowledge of the law and specifically-formulated strategies for fighting credit card fraud charges allow them to successfully defend clients in courts throughout 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.

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.


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Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

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Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

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  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

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