Credit card fraud is a serious offense in New York, with harsh penalties for those accused. Understanding the nature of credit card fraud charges and the potential penalties you can face upon a conviction is crucial. Please continue reading as we explore what you should know about these matters and how our determined Nassau County Criminal Defense Attorneys can assist you.
What Constitutes Credit Card Fraud in New York?
Credit card fraud occurs when someone uses a credit or debit card to obtain goods, services, or cash without the cardholder’s permission. The following actions constitute credit card fraud in New York:
- Unauthorized use or possession of a stolen or forged credit card
- Unauthorized use of credit card information
- Identity theft with intent to defraud using credit cards
- Counterfeiting
- Theft of services through fraudulent credit card use
- Processing fake transactions to embezzle money
What Penalties Will I Face If Convicted?
The penalties that you can be subjected to for credit card fraud in New York vary significantly depending on the amount of money involved and whether the crime involves other criminal offenses like identity theft. For smaller amounts (under $1,000), this offense will be charged as petit larceny, which is a Class A misdemeanor. This offense is punishable by up to one year in jail and a monetary fine. In addition, using a revoked or canceled credit card to secure goods or services is also classified as a Class A misdemeanor.
For amounts over $1,000, you can be charged with grand larceny in the fourth degree, which is a Class E felony. This can result in up to four years in prison. If you are accused of forging credit cards, this is a Class D felony, which is punishable by up to seven years in prison.
In cases involving identity theft related to credit card fraud, you are looking at a Class D felony, with penalties including substantial time behind bars and hefty fines. Convictions for credit card fraud can also result in restitution, which requires you to pay the victim for their financial losses, and a criminal record, which can significantly affect your future. It’s important to note that aggravating factors such as organized schemes can lead to harsher penalties.
If you are facing credit card fraud charges in New York, it’s in your best interest to contact an experienced attorney. At KCS Law, we are prepared to help negotiate a plea bargain or represent your interests in court if necessary. Connect with our firm today so we can begin developing a robust defense strategy on your behalf.