Credit Card Theft Charges NJ

Credit card theft is a third degree or fourth degree indictable criminal offense in New Jersey. If you are convicted of a third degree offense, you could be sentenced to a New Jersey State Prison term ranging from three (3) to five (5) years. Third degree charges entail a presumption of non-incarceration for first-time offenders, meaning that you may be able to complete a period of probation in lieu of prison time if you have no prior criminal record. On the other hand, a fourth degree charge is punishable by a maximum term of incarceration of 18 months in State prison.

1.    A person who takes or obtains a credit card from the person, possession, custody or control of another without the cardholder’s consent or who, with knowledge that it has been so taken, receives the credit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder is guilty of a crime of the fourth degree. A person who has in his possession or under his control (a) credit cards issued in the names of two or more other persons OR (b) two or more stolen credit cards is presumed to have violated this paragraph.

2.    A person who receives a credit card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder is guilty of a crime of the fourth degree.

3.    A person other than the issuer who sells a credit card or a person who buys a credit card from a person other than the issuer is guilty of a crime of the fourth degree.

4.    A person who, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value, or any other person, obtains control over a credit card as security for debt is guilty of a crime of the fourth degree.

5.    A person who, with intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value, or any other person, falsely make or falsely embossess a purported credit card or utters such a credit card is guilty of a third degree offense. A person other than the purported issuer who possesses two or more credit cards which are falsely made or falsely embossed is presumed to have violated this paragraph.

6.    A person other than the cardholder or a person authorized by him who, with intent to defraud the issuer, or a person or organization providing money, goods, services or anything else of value, or any other person, signs a credit card, is guilty of a crime of the fourth degree. A person who possesses two or more credit cards which are so signed is presumed to have violated this paragraph.

The Many Actions Considered Credit Card Theft

Stealing a credit card to make illegal purchases or sell the credit card to someone else, for example, is a third or fourth degree crime, depending on the circumstances. The law specifies six different types of theft. They include the nonconsensual taking of a credit card, receiving a credit card not intended for you, and purchasing or selling a credit card from someone other than the issuer. It also includes acquiring a credit card to secure debt, counterfeiting or altering a credit card, and signing a credit card that is not yours. The law also applies to those who steal and then sell or receive a stolen credit card. However, the receiver must know about the credit card theft. In addition, the credit card holder’s consent must be free and knowing. So, one who lends their credit card to another upon the false promise that the borrower will pay the cardholder back in two weeks is not consenting to the loan, since the promise to pay is a lie.

Credit card theft is also receiving someone else’s credit card. Thus, if you find someone else’s credit card on a restaurant table, you commit credit card fraud if you pocket the credit card and leave the restaurant. Regardless of whether you use the card, taking someone’s card is theft. Again, the intention is critical. If you knew someone mistakenly left their card, a prosecutor could make a circumstantial case for your guilt by intentionally taking the forgotten card. The same applies to one who receives the neighbor’s misdelivered credit card in the mail and keeps, uses, transfers or sells it to someone other than its rightful owner or the card issuer. Receiving a lost credit card is a fourth degree crime.

A Conviction for Credit Card Theft: What Does This Mean?

As mentioned above, a conviction for credit card theft can result in a 3 to 5-year prison term or a maximum 18-month sentence, depending on the degree of the charges against you. This also means a criminal charge will remain on your record after you are forced to face prosecution in the Superior Court in the county in which the alleged offense occurred.

Frequently Asked Questions (FAQ) Regarding Credit Card Theft in NJ

FAQ: Is credit card theft a felony in NJ? Yes, these are third or fourth degree felony charges in NJ.

FAQ: Will the Prosecutor’s office handle my case? Yes, because these are felony charges in NJ, the county prosecutor’s office will represent the State in your case.

FAQ: Am I eligible for PTI on my credit card theft charges? Yes, if you have no prior criminal record and you have never used a first offender program before (PTI, conditional dismissal, conditional discharge).

FAQ: Am I going to jail if convicted of credit card theft in NJ? It depends. You are facing jail time but there is a presumption of no jail time if this is your first felony conviction.

I Need a Lawyer for a Credit Card Theft Charge in NJ

Since intent is critical to proving credit card theft, a prosecutor must show the circumstances by which a jury can infer your intent to commit the crime. Proving intent can be a challenge. It is easier to raise doubts about an accused’s intent that they erroneously believed they had the card owner’s consent or did not know the card you used or goods you received were illegal. Raising doubt about your intention to commit a crime is what our criminal defense attorneys know how to do. Our role is defending you from credit card theft charges is to raise doubt about your intent to commit the crime or any other element of the crime, such as the actual receipt of stolen property. Call Travis J. Tormey and his team of lawyers for more information about these specific charges and how we expertly handle these cases for clients. The offices of the Tormey Law Firm can be contacted day or night at (201)-556-1570 to provide you with a free consultation.