If the New Jersey criminal court finds that you participated in deceitful activities with a credit card, they may charge you with theft or fraud. While there is a slight difference between the two accusations, neither may allow you to avoid serious criminal consequences. Read on to discover the difference between credit card theft and fraud and how a seasoned Morristown criminal defense lawyer at Graves Andrews, LLC can help you avoid penalties in either case.
What is the difference between credit card theft and fraud?
First of all, credit card theft may otherwise be referred to as identity theft. This may involve stealing a victim’s personal information to assume their identity and eventually commit fraud. With that being said, credit card fraud may involve using a victim’s credit card to make unauthorized purchases. Without further ado, New Jersey statute distinguishes between the two crimes in the following ways:
- Examples of credit card theft:
- Purposefully using false information to apply for a credit card.
- Purposefully altering a credit card to increase its limit without authorization.
- Purposefully using or attempting to use a victim’s credit card without their consent.
- Purposefully using or attempting to use an electronic device to read a victim’s credit card information.
- Examples of credit card fraud:
- Purposefully using a credit card or credit card number that is known to be forged, expired, canceled, or revoked.
- Purposefully accepting money, goods, services, or items of value that are known to have been obtained fraudulently by a credit card.
- Purposefully misrepresenting oneself as a cardholder or representative of a cardholder to obtain money, goods, services, or items of value.
What are the penalties associated with these crimes?
Regardless of whether you are found guilty of credit card theft or fraud, you may be charged with a fourth-degree, third-degree, or second-degree offense. The penalties associated with each offense are as follows:
- Fourth-degree offense:
- A jail sentence of up to 18 months.
- A fine of up to $10,000.
- Third-degree offense:
- A prison sentence of three to five years.
- A fine of up to $15,000.
- Second-degree offense:
- A prison sentence of five to 10 years.
- A fine of up to $150,000.
The degree you are up against may depend on the specific circumstances surrounding your case. With this, you must understand that the New Jersey criminal court may also consider aggravated factors. For example, if you are a repeat offender of credit card theft or fraud, your fourth-degree offense may be upgraded to a third-degree offense. Or, the same may apply if you are a public official whose act of credit card theft or fraud breached public trust. Lastly, the value of the items you stole or fraudulently obtained may be a contributing factor.
Arguably the most important action you must remember is hiring a competent Morristown criminal defense lawyer. Our team at Graves Andrews, LLC is looking forward to working with you.
