Have you been charged with credit card fraud in Pennsylvania? Whether you've been charged under federal or state law, the potential consequences of a conviction could involve fines, jail time, and long-term consequences that may affect everything from your personal life to your professional life.
Take these charges seriously and protect yourself by hiring lawyers who have experience handling Pennsylvania white collar crime cases like yours. At the LLF Law Firm, our Criminal Defense Team is available to help you fight these charges. Learn more about what we can do for you by submitting your information via our online contact form or by calling our offices today at 888-535-3686.
Pennsylvania White Collar Crime: Credit Card Fraud Laws
The Pennsylvania statute defining credit card fraud in the Commonwealth technically refers to this crime as “access device fraud,” as it may apply to more than just credit cards. The law states that someone may commit credit card fraud in the following scenarios:
- Fraudulently using a credit card to obtain property or services: Credit card fraud can involve using a credit card to make purchases or pay for services when one knows that the card is counterfeit/altered/incomplete, the credit card was issued to someone else who hasn't authorized its use by others, the credit card has been revoked or canceled, OR the credit card is unauthorized by its holder or issuer for any other reasons.
- Advertising, making, or assisting in credit card fraud: Another form of credit card fraud under PA's access device fraud law involves publishing, making, selling, or otherwise transferring to someone else a credit card while knowing the credit card is counterfeit, isn't authorized for use by others, etc.
- Possessing an unauthorized credit card: Someone can get in trouble for credit card fraud in PA simply for possessing a credit card that they know to be counterfeit, altered, incomplete, or otherwise unauthorized for use by anyone other than its original holder.
Pennsylvania law also isn't the only law that might apply to a credit card fraud case. Depending on the circumstances, credit card fraud charges may be federal charges. Under federal law, credit card fraud can involve:
- Using, attempting to use, or conspiring to use a stolen or otherwise unauthorized credit card in a transaction involving or affecting foreign or interstate commerce
- Transporting, attempting, or conspiring to transport an unauthorized credit card in interstate commerce
- Using interstate commerce for the purposes of selling or transporting a fraudulent credit card
- Receiving, concealing, etc., goods obtained via the use of a fraudulent credit card in foreign or interstate commerce
- Receiving, concealing, etc., tickets for foreign or interstate transportation that were obtained via the use of a fraudulent credit card
- In a transaction involving interstate or foreign commerce, using a fraudulent credit card to furnish money.
The above overview of the laws that may apply to your case should help you appreciate the potential complexity of such matters. When facing credit card fraud charges, it's essential that your legal team consists of an attorney who understands these complexities. That's exactly what you'll find at the LLF Law Firm Criminal Defense Team.
Potential Criminal Penalties for Violating Credit Card Fraud Laws in PA
Many factors can influence the penalties someone may face when accused of credit card fraud in Pennsylvania. One such factor is whether they're charged under state or federal law. Per the state law, in cases involving the usage of a fraudulent or unauthorized credit card to obtain property or services, credit card fraud may qualify as a:
- Felony of the third degree if the value involved in a case was $500 or more
- Misdemeanor of the first degree if the value involved in the transaction was $50 or more, but less than $500
- Misdemeanor of the second degree if the overall value involved in a transaction was less than $50
Under PA law, if someone engages in the type of credit card fraud that involves making, transferring, advertising, etc., unauthorized credit cards, they may be convicted of a felony of the third degree. Knowingly possessing an unauthorized credit card qualifies as a misdemeanor of the third degree. Be aware, someone charged with credit card fraud may face a charge for each credit card allegedly involved in a case.
Again, the penalties for credit card fraud crimes can be wide-ranging. For example, if someone is convicted of a felony of the third degree in Pennsylvania, they may face up to seven years in prison and a fine of up to $15,000.
The above example assumes a case is a state matter. If someone is charged with violating federal credit card fraud laws, they may be fined up to $10,000, sentenced to up to 10 years in prison, or both.
The potential severity of these penalties highlights the value of enlisting legal assistance at this time. Our LLF Law Firm Criminal Defense Team's white collar crime lawyers will apply our understanding of these nuanced laws to provide you with the defense you deserve at this critical time.
Other Potential Consequences of a Credit Card Fraud Conviction
The criminal penalties of a credit card fraud conviction aren't the only possible consequences of such an outcome. You must also consider such other potential consequences as:
- Civil action: Depending on the circumstances of your alleged credit card fraud, someone may have grounds to file a claim or lawsuit against you. Their odds of success in a civil case may be greater if you've already been convicted in a criminal case.
- Employment issues: A conviction of credit card fraud could have significant implications for your current or future employment. Employers may be wary of hiring or continuing to employ someone with a history of misusing financial instruments and devices.
- Financial struggles: In some instances, a conviction of credit card fraud could negatively affect someone's ability to obtain credit in the future. A credit card fraud conviction could even make it difficult for someone to obtain housing, as a landlord might be reluctant to take on a tenant who appears to have engaged in financial dishonesty.
These examples aren't meant to frighten you. It's simply important that you appreciate how a credit card fraud conviction could affect your life in the years to come. Guard against these potential outcomes by coordinating with legal professionals qualified to handle a case like yours.
Potential Defense Strategies in a Credit Card Fraud Case
One of our core values at the LLF Law Firm Criminal Defense Team is providing clients with defenses tailored to their unique situations. By reviewing your case with a member of our team, you can gain a clearer sense of the specific ways we may approach your credit card fraud charges.
In the meantime, learning about theoretical defense strategies in a credit card fraud case can help you better appreciate the role our attorneys can play in this matter. The following are just a few common examples of potential strategies we might employ when defending a client accused of credit card fraud:
- Lack of intent: It's often important for the prosecution to show intent when building a case against someone charged with violating credit card fraud laws. Our lawyers may defend a client by showing that a case of apparent credit card fraud was, in fact, a legitimate mistake. Or, we may otherwise challenge the defense's approach, arguing they haven't provided sufficient evidence to prove intent.
- Authorization was given: There are instances and potential scenarios in which someone might be accused of credit card fraud when they were, in fact, using a credit card they had the authority to use. For example, we might show that a client had the authority to use an employer's credit card.
- Duress, coercion, or entrapment: Even if a client technically did violate credit card fraud laws, in some cases, it's possible to show that they did so under duress, or as a result of coercion or entrapment. Showing that a client didn't actively “mastermind” a credit card fraud scheme and was instead merely a pawn in someone else's plan can be an effective defense strategy in certain circumstances.
- Mistaken identity or identity theft: There are scenarios in which someone accused of credit card fraud may be falsely accused due to a case of mistaken identity or identity theft. This is something we'll consider when working on your defense if we believe it applies to your case.
Once more, our goal is to provide a defense that accounts for the unique details of your case. The above examples represent just some of the ways we might defend you. Once we know more about your charges, we can provide more detailed information about our strategy.
Contact the LLF Law Firm for Help With Your Credit Card Fraud Case
Credit card fraud charges in Pennsylvania can't be ignored. That's not to say you should face the approaching proceedings with fear. If you have a proper defense, you'll be confident you've taken the right steps to protect your freedom and future. Find out more about how our Criminal Defense Team at the LLF Law Firm can help you now by calling us at 888-535-3686 or submitting your information online.
