5 Things You Need to Know in Credit Card Fraud Cases
In the State of Nevada, most criminal charges related to credit card fraud are prosecuted as felony offenses. If you have been charged with credit card fraud, you should take the accusations seriously and be prepared to mount a vigorous defense to avoid a conviction. Understanding the charges against you is paramount to that defense. With that in mind, The Vegas Lawyers discuss five things you need to know about credit card fraud cases in Nevada.
- Credit card fraud can occur in a variety of ways in Nevada.
In the State of Nevada, credit card fraud is predominantly governed by NRS 205.760. According to that statute, credit card fraud occurs:
- When a person who, with the intent to defraud, does one of the following things:
- Uses a credit card or debit card to obtain money, goods, property, services, or anything of value without the owner’s permission or with the knowledge that the card is forged, expired, or revoked.
- Uses the number or other identifying physical or electronic description of a credit account to obtain money, goods, property, services, or anything of value without the consent of the cardholder.
- Obtains money, goods, property, services, or anything else of value by representing that they are the owner or an authorized user of the card without the owner’s permission.
- When a person who, with the intent to defraud, uses a credit card or debit card to obtain money, goods, property, services, or anything of value using a card in their name that they know has been revoked or expired OR when they know they do not have the ability to repay the extension of credit.
In short, this means that credit card fraud involves using someone else’s card without permission, using an expired or revoked card, or lying on an application for a credit or debit card.
- Credit card fraud is usually a felony in Nevada.
Most of the time, credit card fraud in Nevada is charged as a class D felony. One exception to the felony classification of credit card fraud charges can be found when the basis for allegations of fraud is that the defendant falsified an application for the card. In that case, credit card fraud can be charged as a gross misdemeanor. Another exception is when an expired or revoked card is used, and the value of the merchandise or services purchased with the card is less than $100. Under those circumstances, credit card fraud is also charged as a gross misdemeanor.
- You can go to prison if convicted of credit card fraud in Nevada.
Most criminal cases involving credit card fraud are prosecuted as class D felonies. In Nevada, a class D felony carries a minimum sentence of one year in prison and a maximum sentence of four years in prison if convicted. You could also be ordered to pay a fine of up to $5,000 in addition to any restitution you are ordered to pay to the victim. If you are convicted of credit card fraud as a gross misdemeanor, you face up to 364 days in jail and a fine of up to $2,000.
- Credit card fraud can also be a federal crime.
Credit card fraud can also be investigated and prosecuted by the federal government. Typically, this refers to the use of counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit cards and may involve large-scale identity theft, “skimming,” or fraudulent credit card application operations that cross state lines. A credit card fraud conviction at the federal level is punishable by 10–15 years in federal prison and/or fines that can exceed $250,000.
- There are some common defenses to allegations of credit card fraud.
Only an experienced criminal defense attorney can review the facts and circumstances surrounding your arrest and discuss the applicability of specific defenses with you; however, some commonly used defenses in credit card fraud prosecutions include:
- Lack of intent: Simply using a fraudulent, stolen, or expired credit card is not enough to secure a conviction. The prosecution must prove that you had the “intent to defraud.” Sometimes, the best defense is simply to rely on the fact that the State cannot prove intent on your part.
- Your rights were violated: If the police conducted an illegal search and seizure, for example, or questioned you after you asked for an attorney, any evidence they obtained may be excluded from trial based on a violation of your constitutional rights.
- Consent: You may be able to show that the cardholder did give you consent to use his/her card.
- Mistaken identity: Showing that you are the victim of mistaken identity, not the perpetrator of a crime, may prevent a conviction.
What Should I Do If I Am Charged with Credit Card Fraud in Las Vegas?
If you have been charged with credit card fraud in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.