Credit card fraud is a serious crime in New York, carrying harsh penalties. Please continue reading as we explore the penalties you can face upon a conviction for this offense, the potential defenses you can raise, and the importance of connecting with our experienced Long Island Criminal Lawyers for guidance.

What Constitutes Credit Card Fraud in NY?

In New York, credit card fraud is generally defined as the unauthorized use of a credit card by an individual other than the cardholder or an authorized user. Essentially, it encompasses a wide array of activities aimed at unlawfully acquiring goods, services, or funds. This includes, but is not limited to, the attempted use of a stolen credit card, the acquisition of a credit card from a source other than the issuer, the sale of a credit card, or the creation of a fictitious credit card. Furthermore, using a credit card not issued in one’s name to purchase on behalf the the cardholder while aware that the cardholder is unable to afford the purchase, also constitutes fraudulent conduct. It’s also considered credit card fraud for a merchant to knowingly accept counterfeit credit cards with the intent to defraud the card issuer.

What Penalties Can I Face If Convicted?

Credit card fraud penalties in New York vary based on the offense’s nature, the financial loss incurred, and any ties to other crimes like identity theft. Penalties often include:

  • Misdemeanor Charges: For amounts typically under $1,000, credit card fraud can be classified as petit larceny (Class A misdemeanor), leading to up to one year in jail.
  • Felony Charges: Fraud exceeding $1,000 or cases involving counterfeit cards, organized schemes, or identity theft can result in felony charges. Examples include:
    • Grand Larceny in the Fourth Degree: This is a Class E Felony with a potential sentence of up to four years of imprisonment.
    • Criminal Possession of a Forged Instrument: This is a Class D felony, which is punishable by up to seven years of imprisonment.
    • Identity Theft in the First Degree: This is also a Class D felony, carrying a prison sentence and substantial fines.
  • Restitution: Those convicted of credit card fraud are frequently ordered to compensate victims for their losses, in addition to other court-mandated fines.

What Are Potential Defenses?

A robust defense against credit card fraud charges hinges on a thorough understanding of the allegations and the evidence the prosecution plans to introduce.  Common defense strategies include:

  • Lack of Intent: Credit card fraud typically necessitates proof of an intent to defraud. If the accused unknowingly used a compromised card or genuinely believed they had consent, this can significantly weaken the prosecution’s argument.
  • Mistaken Identity: Cases involving stolen cards on online transactions often present opportunities for misidentification. Strong evidence such as IP addresses, security footage, or a solid alibi can establish that the accused was not involved in the crime.
  • Inadequate Evidence: It’s important to understand that the prosecution bears the burden of proving guilt beyond a reasonable doubt. Contesting the reliability of witnesses or the admissibility of certain evidence can undermine the state’s position.
  • Entrapment: This defense may be applicable if law enforcement unfairly pressured or induced the accused into committing the criminal offense.
  • Infringement of Rights: Evidence acquired through illegal searches or seizures may be deemed inadmissible under the Fourth Amendment of the U.S. Constitution, thereby weakening the prosecution’s case.

For more information, please don’t hesitate to contact an attorney from Castro & Trodden, LLC