Credit card theft is the unlawful use of a credit card—defined as a card or device that is used to obtain goods, services, or anything of value—without the rightful owner’s explicit permission.
If you find yourself facing these types of charges, do not hesitate to contact a New Jersey credit card theft lawyer who could manage your case with experience and tact. Contact an experienced theft attorney right away to discuss your case.
What is Credit Card Theft?In New Jersey, credit card fraud is criminalized under the Credit Card Fraud Act (N.J.S. 2C:21-6 et seq). Fraud crimes may include: theft or alteration of a physical credit card, internet theft by hacking credit card numbers, skimming card numbers using a device to read someone else’s credit card number, copying sales receipts and using the information for fraudulent purposes, hijacking a credit card account and making an unauthorized purchase, or trading or selling stolen credit card numbers. A charge of credit card theft is not related to the amount of money that was stolen.
A New Jersey credit card theft lawyer knows that an individual can also be charged with theft if someone else gives them a stolen credit card and they use it or sell it to another person knowing that it was stolen. Anyone in possession of more than two stolen credit cards—with names on the cards other than their own—can be presumed to be guilty of theft, even if they did not use the cards.
Types of Credit Card Theft OffensesUnder the Credit Card Fraud Act, there are six specific crimes involving credit cards in New Jersey, although theft is the most common. These include:
- Taking someone else’s credit card without their explicit consent
- Receiving a credit card that belongs to someone else
- Buying or selling a credit card from someone other than the issuing credit card company
- Obtaining a credit card for the purpose of securing a debt
- Falsely making or modifying an existing ATM or credit card
- Signing a card without having consent to do so
Someone can also be charged under the Act if they knowingly make false statements when applying for a card, such as lying about who they are or their financial situation.
Potential Penalties in New JerseyUsually, the charges involved with credit card theft crimes in New Jersey are classified as fourth-degree felonies, which means anyone convicted could face up to 18 months in prison and a maximum fine of $10,000.
In certain cases, the charges can also be classified in the third degree, which may result in up to five years in prison upon conviction. The severity of the sentence often depends on the criminal history of the individual charged.
A conviction on credit card theft charges will also remain on a person’s criminal record for life, which could affect their ability to get a job, as employers can see this and may assume they are untrustworthy.
How a New Jersey Credit Card Theft Attorney Can HelpIf you are being charged with or accused of credit card theft, please contact a New Jersey credit card theft lawyer to help you through the complicated legal process and discuss your specific situation. They could work tirelessly to protect your legal rights, advocate on your behalf, and work to achieve a positive resolution to your case.