Credit card fraud (also known as access device fraud) and identity theft are becoming easier to commit and more frequent crimes in the information age. The penalties for what may have seemed like a harmless and non-violent crime are severe and punishments in some cases are nearly as harsh as being convicted of murder or assault.
Under U.S. sentencing guidelines you could face up to ten years in prison and fines totaling $250,000.
If you have been charged with credit card fraud, even if this is a first offense and a one-time mistake, you are facing an extremely stressful and frightening situation. You could be tried in either Pennsylvania or the U.S. Federal court system. The penalties for a credit card fraud conviction under either circumstance are harsh.
If you are facing criminal charges for credit card fraud, you will need to speak to an experienced and aggressive criminal defense attorney who can explain your rights, the process and what you can expect.
Pittsburgh Attorney David J. Shrager personally answers his cell phone and will give you a free legal consultation.
There are many possible defenses to fight against charges of credit card fraud and prove your innocence. Even if the evidence is stacked against you, it may be possible to have your charges and sentencing significantly reduced.
What Is Credit Card Fraud / Access Device Fraud?
In the United States it is illegal to intentionally use someone’s credit card or access device card in order to obtain money, possession, services or anything of value. An access device card can include ATM cards, debit cards and credit cards as well as any card with an account number.
Credit card fraud can cover a broad array of circumstances. Some examples of a credit card scheme include:
- Taking someone’s credit card and using it for purchases;
- Obtaining someone’s credit card number in order to make phone or online purchases;
- Obtaining credit card information and other personal information as part of an identity theft crime;
- Obtaining a replacement credit card in someone else’s name or falsifying information to receive someone else’s credit card;
- Using an online phishing scheme to deceptively obtain credit card information;
- Manufacturing credit cards (Also see forgery);
- Selling or transferring unauthorized credit cards.
Penalties for Access Device Fraud in Pennsylvania
Penalties for credit card fraud in Pennsylvania are highly dependent on the amount of money or value of merchandise that was allegedly stolen. Depending on the amount stolen you face the following sentences, if convicted of credit card fraud in Pennsylvania:
- Over $500
- Third Degree Felony: Up to seven years in prison and a $15,000 fine.
- Between $50–$499
- First Degree Misdemeanor: Up to five years in prison and a $10,000 fine.
- Under $49
- Second Degree Misdemeanor: Up to three years in prison and a $5,000 fine.
The best way to know what you are really up against is to call an experienced Pennsylvania Fraud Attorney.
Penalties for Credit Card Fraud Under U.S. Federal Law
If you were charged with credit card fraud by the federal government, the Secret Service has probably been investigating your case for long time. If you are indicted under federal courts, you face a very complex process and harsh penalties, including up to 10 years in federal prison and fines up to $250,000.
Sentencing is dependent on the circumstances surrounding your case. The best way to know what you are up against is to call a qualified, aggressive and experienced U.S. Federal Crime Attorney.
Defense Against Credit Card Fraud Charges
The credit card fraud charges you face may have been a complete mistake. If there was no intent to defraud someone, your attorney will work to gather evidence in proving a lack of intent. If you did not intentionally commit the crime, or thought you were authorized to make the purchases with the credit card, then you did not commit a crime and your charges could be dismissed.
Even if there is a lot of evidence against you, an aggressive attorney can help to have your sentencing reduced significantly.
Legal defenses to credit card fraud charges can include a lack of knowledge or intent to defraud, duress, entrapment, or insanity.
If you think you are being investigated for credit card fraud or access device fraud, you should contact a Pennsylvania Fraud Lawyer right away. You do not have to answer any questions by the police without an attorney by your side.
At Shrager Defense Attorneys will carefully review all evidence and gather all details surrounding your case in order to prove your innocence and have your charges dismissed or reduced.
Our criminal attorneys have adept experience in the federal court system as well as in Pennsylvania. We have years of experience in successful litigation and winning cases for people accused of serious crimes. We are aggressive in our approach and take the time to provide the best possible legal counsel to all of our clients.
If you have been charged with access device fraud, speaking with a compassionate attorney who listens closely and will help you understand your rights is the first step in defending your freedom.
Call Attorney David Shrager today at 412-969-2540 for a free consultation.
Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by our legal team so they can fight for your rights.
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