San Antonio Credit Card Fraud Attorneys
Understanding Credit Card Abuse Laws
One of the most common types of fraud is credit card fraud, which encompasses crimes of both fraud and theft, resulting in severe penalties for those convicted. In most credit or debit card abuse crimes, a person will take someone else’s secure financial information without their consent, with the intent of making a purchase or removing monetary value from their account.
In the state of Texas, you don’t necessarily need to use the unauthorized credit card to receive a penalty. Simply possessing the card and intending to use it is enough to be charged with the crime. This pertains to online activity as well, e.g. typing in someone else’s financial information into a website or completing an online purchase without their consent could lead to criminal charges and a conviction.
Credit Card Fraud Charges in Texas
Under Texas Penal Code Section 32.31, there are several different scenarios in which a person can commit credit card fraud.
- Using a fictitious card
- Using another person’s card without their consent
- Applying for a new card with another person’s financial and personal information
- Stealing with the intent to sell another’s card information
- Buying from another party, knowing the card was stolen
- Inducing the cardholder to purchase products and services that are not within the cardholder’s financial ability
The penalties for credit card fraud range based upon the specifics of each case. However, most cases will be classified as a state jail felony conviction punishable by a minimum fine of $10,000, and/or up to 2 years in jail. In addition, if the defendant has prior convictions, or the victim was an elderly person, the offense becomes a third-degree felony punishable by a minimum fine of $10,0000, and up to 5 to 10 years in prison.
Defending Against Credit Card Fraud Allegations
Before a conviction for credit card fraud can be made, the prosecutor must first show proof that the alleged defendant acted with intent to traffic, defraud, or possess; or that the defendant knowingly used the card, or that they obtained compensation with an unauthorized credit card.
Attorney Lara has extensive knowledge on how to defend against credit card fraud convictions, employing tactics such as:
- You lacked the knowledge that you were committing a crime
- You did not have intent to commit credit card fraud
- You were induced into committing a crime you otherwise would not have committed
- You had the cardholder’s permission to use and access funds
Obtaining quality legal representation from Attorney Lara is extremely important, as he will conduct a thorough investigation to assess all necessary evidence, ultimately choosing the best line of defense for your case.
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