East Rutherford NJ Credit Card Fraud Defense Attorneys
Bergen County Defense Lawyers for Credit Card Fraud Charges
Due to the high-density population, advanced financial sector, diverse economy, location, increased spending and retail sales, as well as other factors, credit card fraud runs rampant in New Jersey, including many related crimes such as fraudulent use of a credit card, credit card theft, lying to obtain a credit card, and credit card forgery. New Jersey law has developed separate crimes for credit card fraud and ordinary fraud. Credit card fraud that involves using a fake card, using someone else’s card without their knowledge or permission for your own gain, stealing credit cards, or buying and selling stolen cards can result in serious felony charges in New Jersey and years in state prison if convicted. Retaining an attorney who has successfully represented those charged with credit card fraud related crimes is crucial to ensuring the best possible defense, whether it be negotiation with the prosecution, facilitating your enrollment in a diversionary program such as Pre-Trial Intervention, or protecting your innocence altogether by suppressing key evidence in pre-trial motions, or getting the charges dismissed through criminal litigation at trial.
At the Tormey Law Firm, our seasoned defense attorneys have been handling cases involving theft and fraud crimes such as robbery, check fraud, and forgery throughout Bergen County and New Jersey for years, including in Fort Lee, Hackensack, Teaneck, Mahwah, Ridgefield Park, Paramus, and Central Bergen Municipal Court. In fact, Mr. Tormey was featured in the Daily Record in Morris County regarding shoplifting charges, the immigration consequences, and other potential penalties for those convicted. In addition, some of our lawyers have prosecuted these charges on behalf of the State and now use their training and expertise to defend our clients in court. Call us today at (201)-330-4979 for a free consultation about your case, and please continue reading this page for more information about credit card fraud charges in New Jersey.
Understanding Credit Card Fraud Charges in New Jersey: An Overview
Credit Card Fraud in New Jersey: N.J.S.A. 2C:21-6
The Credit Card Fraud Act in New Jersey, or NJSA 2C:21-6, governs crimes related to credit cards and credit card fraud. The Act was passed in 1991 and establishes the legal framework for credit card fraud. Specifically, the bill outlaws using altered, forged, stolen, lost, or counterfeit credit cards to buy or obtain goods, services, or money. It also prohibits fraudulently obtaining credit cards for the same purpose. The overall purpose of the Act was to ensure that courts and law enforcement treat credit card crimes more seriously than before. The Act accomplishes this by expanding certain definitions in section (a), reclassifying offenses, and enhancing penalties.
NJSA 2C:21-6(b) outlaws making false statements to obtain a credit card. The false statement must be in writing, it must be known to be false and made for another party to rely on it. The false statement must be about the person’s identity or financial condition. This is a fourth degree crime.
Credit card theft or NJSA 2C:21-6(c) contains six subsections dissecting different scenarios in which a person can be charged and convicted of credit card theft.
- Subsection (1) criminalizes when a person fraudulently receives or takes control of another’s credit card without consent for the purpose of using it or giving it to another person without consent. This is a fourth degree crime.
- Subsection (2) outlaws someone taking control of a card with the intent of using it or giving it to another person despite knowing the card had been lost or given by mistake.
- Subsection (3) prohibits the buying or selling of a stolen credit.
- Subsection (4) outlaws a person taking a credit card as “security for debt”, allowing the person to be charged with a fourth degree crime.
- Subsection (5) makes it a third degree crime to fraudulently create or alter a credit card with the intent to defraud.
- Subsection (6) makes it a fourth degree crime to sign a credit card that has not been issued to them with the intent to defraud.
N.J.S.A. 2C:21-6(d) criminalizes using a forged, revoked, or expired credit card to acquire anything of value, including goods or services. It also criminalizes using another person’s credit card with the intent to defraud to gain goods, services money or anything of value without the consent of the person who the card was originally issued to. Violating this section is a third degree crime.
NJSA 2C:21-6(e) makes it a third degree crime to furnish anything of value in exchange for presenting a credit card in violation of section (c) of the Act. It also prohibits people from saying they furnished anything of value when they did not.
NJSA 2C:21-6(f) makes it a third degree crime to possess two or more incomplete credit cards with the intent of completing them so they may be used. It also prevents people from possessing machinery used to complete or create fraudulent credit cards.
NJSA 2C:21-6(g) disallows individuals from receiving anything of value due to violating this Act, which is a fourth degree crime.
Fraudulent use of a credit card under NJSA 2C:21-6(h) makes it a crime of the third degree to use any counterfeit, fictitious, altered, forged, lost, stolen or fraudulently obtained credit card to obtain money, goods or services, or anything else of value; or to, with unlawful or fraudulent intent, furnish, acquire, or use any actual or fictitious credit card, whether alone or together with names of credit cardholders, or other information pertaining to a credit card account in any form.
Common Occurrences of Credit Card Fraud and Companion Offenses
Credit card fraud comes in many different shapes and sizes. For example, skimming is a common example, and it includes obtaining someone’s credit card information by stealing it from an unlikely source, such as an ATM machine. However, fraud can be committed electronically, or through online scams. Fraud can be lying to obtain a credit card, pretending to be someone else, or using a credit card that was not issued by an authorized party. The use of a credit card is carefully monitored and strictly regulated; it can be easy to violate the Credit Card Fraud Act. By signing a card not issued to you, altering a card, or receiving a card you know to be stolen or fraudulently obtained, you commit a credit card crime.
New Jersey takes credit card related crimes very seriously and several levels of law enforcement agencies may investigate these crimes. The Attorney General’s Office can investigate and pursue charges, as well as local and other state-level agencies. Further, resident victims in New Jersey can pursue criminal charges for credit card fraud specific crimes. They can also pursue their perpetrators in a civil court.
Penalties for Credit Card Fraud in NJ
As the above statute details, credit card fraud is either a fourth degree indictable offense or a third degree indictable offense in New Jersey. For fourth degree crimes, a conviction carries a maximum penalty of 18 months in a state state and up to $10,000.00 fines. Many of the crimes listed and defined under the Credit Card Fraud Act of New Jersey are fourth degree crimes. The other crimes listed are third degree crimes, which carry a term of imprisonment ranging from 3 to 5 years and a maximum fine up to $15,000.00.
Credit Card Fraud, Forgery, and Theft: the Equivalent of Felony Crimes
New Jersey does not call crimes felonies and misdemeanors, instead they are called indictable offenses and disorderly persons offenses, which function as the equivalent. Credit card fraud, and all its derivatives, are classified as indictable crimes, otherwise known as felonies. Indictable crimes are graded in levels one through four, with first degree being the most serious crimes carrying the most severe penalties. All indictable offenses are subject to an indictment by a grand jury. As a result, these charges must be handled at the Superior Court in the county in which the offense was charged. For example, if your fraudulent use of a credit card charge was allegedly committed in Fort Lee Borough, New Jersey, this case must be handled at the Bergen County Superior Court located in Hackensack.
First-Time Offenses for Credit Card Fraud and Pre-Trial Intervention in NJ
Third degree and fourth degree crimes have a presumption of non-incarceration if you have no prior criminal record. Therefore, you are considered a good candidate for probation if you have no priors and are charged with third degree or fourth degree credit card fraud. You may also be eligible for the Pre-Trial Intervention (PTI) program. Pre-Trial Intervention is a diversionary program reserved as an avenue for first-time offenders charged with eligible crimes. It serves as a mechanism for them to avoid both conviction and prison time. This program will allow you to stay out of jail and keep this felony conviction off your record if you successfully complete the probationary period.
Defense Strategies to Avoid a Credit Card Fraud Conviction
There are several defenses against credit card fraud charges. Lack of intent is one of the more common defenses, as well as mistaken possession or identity. Mistaken possession or identity means you had permission, or you are not the person who committed the crime. This is really where an experienced attorney is an invaluable ally. By showing how one or more elements of the crime you are being charged with is missing, there can be no conviction, and you can be found not guilty. There are also procedural defenses in which our experienced credit card fraud defense attorneys are well-versed and may be able to use to get the charges dismissed. In other cases, we can negotiate with the prosecutor for a downgraded charge or a lesser sentence to secure probation as an alternative to incarceration. The first step is reviewing all of the facts and evidence in your case, discussing the surrounding circumstances with you, and beginning to tailor a specific defense approach based on all of the relevant factors, such as your prior criminal record.
Speak with a Hackensack NJ Criminal Defense Lawyer about Your Credit Card Fraud Charges
Due to the intricacies of the New Jersey Credit Card Fraud Act and how easy it can be for someone to be charged with a crime related to forging, unauthorized use, misrepresentation, stealing, passing an expired or revoked card, and other offenses violating this law, it is essential to enlist help from a knowledgeable attorney who has navigated the language before. It is all too common to face prison time without the most informed and talented defense lawyer who knows which defenses to present, how to skillfully negotiate on your behalf, and whether a probation or PTI alternative is the best approach to protect your rights and your future. The attorneys at The Tormey Law Firm have extensive background defending clients throughout Bergen County and Northern New Jersey, including in Rutherford, Ridgewood, Garfield, Bergenfield, Lyndhurst, Lodi, and surrounding communities. For immediate assistance with your credit card fraud or theft charges in New Jersey, contact the offices of The Tormey Law Firm anytime at (201)-330-4979. You can also email us to schedule a free consultation about your case.
