NY Credit Card Fraud Attorney

Being charged with credit card fraud can be stressful and confusing. You may have questions about what happens next and how to protect yourself. In a time like this, having the right legal guidance can make all the difference.

Mehdi Essmidi, a former New York City prosecutor, has spent his career defending the rights of those charged with crimes and fighting to ensure the best possible outcome. He knows the criminal justice system inside and out and uses that knowledge to anticipate the strategies used against his clients. Call us now for a free consultation.

Credit Card Fraud NY Penal Law

Several laws address different types of credit card fraud. And credit card fraud often encompasses multiple offenses. Here are the main types of credit card fraud charges we see in our law firm:

Criminal Possession of Stolen Credit Cards

Under NY Penal Law § 165.45, possessing stolen credit cards is illegal. The charge depends on the number of cards. One or two stolen credit cards constitute fourth-degree criminal possession of stolen property (a Class E felony). Three or more stolen credit cards constitute third-degree criminal possession of stolen property (a Class D felony).

Unauthorized Use of Credit Cards

NY Penal Law § 165.15(1) defines unlawful use of credit cards, including the possession and use of unauthorized credit cards. This charge applies when the person charged knows the credit card is stolen or forged and knows that the use of the card is unauthorized by the cardholder.

This charge can vary from a Class A misdemeanor to a Class D felony, depending on the value of the goods or services.

Forged Instruments (Fake Credit Cards)

Creating or possessing a fake credit card is forgery under NY Penal Law § 170.10. This includes making or altering a credit card with the intent to defraud, as well as possessing a forged credit card, knowing it’s counterfeit. Forgery charges related to credit cards are usually second-degree forgery, a Class D felony. Hire a NY credit card fraud attorney to protect your rights.

Related Crimes

Credit card fraud charges often overlap with other crimes, which can aggravate penalties. Here are common charges associated with New York credit card fraud:

Identity Theft

Identity theft is defined in NY Penal Law § 190.77-84. Using someone else’s ID information for financial gain or financial loss to another person.

In credit card fraud cases, identity theft can happen when someone uses someone else’s information to open new credit card accounts, uses stolen credit card information to make purchases, or uses personal information to take over existing credit card accounts.

Identity theft charges range from a Class A misdemeanor to a Class D felony, depending on the amount taken. If the victim is elderly or disabled, that can also result in a more severe penalty.

Grand Larceny

Often referred to as credit card grand larceny, these charges are covered in NY Penal Law § 155.30-42 when the value of the stolen goods or services exceeds certain amounts. The degrees of grand larceny related to credit card fraud are:

Fourth-Degree Grand Larceny (Class E felony): When the value is over $1,000

Third-Degree Grand Larceny (Class D felony): When the value is over $3,000

Second-Degree Grand Larceny (Class C felony): When the value is over $50,000

First-Degree Grand Larceny (Class B felony): When the value is over $1 million

Money Laundering

Money laundering goes hand in hand with credit card fraud when illegal funds are funneled through transactions to look legitimate. Under New York law, laundering money from credit card fraud is a felony, and the penalties increase with the amount laundered. A strong defense is key to addressing the fraud and money laundering charges in these cases.

Computer Fraud

Computer fraud is closely related to credit card fraud, where computers are used to obtain credit card information illegally. Hacking and phishing are common methods. New York law is tough on computer fraud, especially when it results in financial loss.

Prosecutors can charge defendants with related crimes all at the same time, depending on the case. This can result in multiple charges and higher penalties under New York penal law. Contact a NYC credit card fraud attorney as soon as possible.

Credit Card Fraud Defenses

When charged with credit card fraud in New York, there are several defenses available. Here are some defenses that may apply to your case:

Lack of Intent to Defraud: One of the key elements in credit card fraud cases is intent to defraud. If there was no intent to commit fraud, this could be a good defense.

Unauthorized Use by a Third Party: If someone else used a credit card or personal information without the owner’s knowledge or consent, you shouldn’t be held responsible for their actions.

Fourth Amendment Violations: If law enforcement gained evidence against you through an illegal search or seizure, it may be possible to have that evidence suppressed.

Insufficient Evidence: The prosecution must prove every detail of the crime beyond a reasonable doubt. Otherwise, charges might be dismissed.

Contact Us Today for a Free Consultation

If you were charged with possessing or using a fraudulent debit card, time is of the essence. The sooner you call us, the better we’ll be to defend your case.

At The Law Offices of Mehdi Essmidi, we work hard to investigate your case, build a strong defense, and advocate for you in court. We keep you informed and involved every step of the way. Contact us today for a free consultation.

Frequently Asked Questions

What are the penalties for credit card grand larceny in New York?

In New York, credit card grand larceny often depends on the value involved. If the amount stolen exceeds $1,000, it can be charged as a class D felony, which carries potential penalties of up to seven years in prison. The classification and sentencing depend on the specific facts of the case, including the use of a stolen credit card or a fraudulent copy.

How is credit card fraud different from identity theft under New York law?

While credit card fraud and identity theft are related, they are treated as distinct crimes under New York Penal Law. Credit card fraud involves the unlawful use of someone else’s credit card information, while identity theft can include misuse of another person’s data to open different accounts, access bank fraud schemes, or commit theft.

What should I do if I’m charged with criminal possession of a forged instrument?

Being accused of criminal possession of a forged instrument, especially in connection with credit card fraud, is a serious charge under New York Penal Law. This involves possession of a fraudulent copy of a credit card or a debit card. You should speak with an experienced New York criminal lawyer or credit card fraud attorney immediately to understand your options and protect your rights.

Can police charge me with a crime just for having someone else’s credit card?

Under New York State law, possessing another person’s credit card without authorization can lead to charges such as criminal possession of stolen property or unlawful use of a credit card. These charges may escalate if there’s evidence of intent to commit fraud or if the card is linked to other financial crimes involving banks or credit card companies.

Should I hire a NY credit card fraud attorney?

A NY credit card fraud attorney knows how local courts handle charges like credit card grand larceny, identity theft, and bank fraud. As a former Manhattan prosecutor, attorney Mehdi Essmidi understands how to challenge the prosecution’s evidence and negotiate favorable outcomes.