NY Credit Card Fraud Attorney

The stakes are high when you’re charged with a credit card fraud crime. Your freedom, your reputation, your livelihood – everything is at risk. You’re probably unsure of what to do next. But here’s the thing: you don’t have to go through this alone.

At The Law Offices of Mehdi Essmidi, we know that involvement with the criminal justice system can be tough, and a conviction can change your life forever. But we also know how to fight for you.

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 and beat 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. New York credit card fraud often encompasses multiple offenses. Here are the main types of credit card fraud charges you may be facing:

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 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.

Identity Theft Crimes

Identity theft, as defined in NY Penal Law § 190.78-80, is often associated with credit card fraud. These charges include using someone’s personal information to open new credit card accounts or using stolen credit card information to make purchases.

The severity of identity theft charges depends on the amount of money and the victim’s status (elderly or disabled). Penalties can vary from a Class A misdemeanor to a Class D felony.

Credit Card Fraud Examples

Credit card fraud has no specific definition because it can take many forms. Here are some common credit card fraud examples we see in NY:

• Credit card information is obtained and used for online purchases
• A family member or friend uses the card without permission
• Using false information to apply for a credit card
• Applying for credit cards with stolen identities
• Someone gets access to an existing credit card account
• Someone changes someone else’s account information (address, phone number)
• Someone uses someone else’s card for unauthorized purchases
• Devices are used to capture credit card information at point-of-sale terminals
• Counterfeit cards are made with stolen information
• Phishing emails or websites pretending to be legitimate businesses
• Phone calls pretending to be from banks or credit card companies

Related Crimes

When dealing with credit card fraud, you need to understand that these charges often overlap with other crimes, which can aggravate penalties. Hiring an experienced criminal defense attorney can be a game-changer in these cases. 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

Prosecutors can charge defendants with credit card fraud, identity theft, and grand larceny, 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.

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 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. If you’re charged with this, having an experienced attorney can make all the difference.

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.

Mistaken Identity: In some cases, the wrong person may be charged with credit card fraud.

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’re 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. Don’t let a criminal charge define your future. Contact us today for a free consultation.