
Credit card fraud is a serious crime that affects individuals and businesses alike. The offense can lead to significant financial losses and harm. In New Jersey, credit card fraud is a criminal offense that can result in severe penalties and legal repercussions. If you are being charged with credit card fraud, it is crucial that you understand your legal rights and options. For more information and to obtain skilled legal advice during your case, work with a knowledgeable Mercer County criminal defense lawyer.
What is Credit Card Fraud?
Credit card fraud is the criminal offense of using someone else’s credit card or card information to make purchases without the cardholder’s consent, or misusing a credit card in any way. Any use of the card without the owner’s authorization can be classified as credit card fraud.
In New Jersey, the laws surrounding this offense are codified in NJ Rev Stat § 2C:21-6, the New Jersey Credit Card Fraud Act. This legislation outlines several definitions of activities that fall under fraud. Consider the following.
- Directly or indirectly making false statements in writing, knowing them to be false, for the purpose of procuring the issuance of a credit card
- Taking or obtaining a credit card from the possession of another without the cardholder’s consent with the intent to use it, sell it, or transfer it to someone other than the issuer or cardholder
- Receiving a credit card that the person knows has been lost or delivered by mistake and retaining possession with intent to use it, sell it, or transfer it to someone other than the issuer or cardholder
- Selling a credit card or buying a credit card from a person other than the issuer
- Obtaining control over a credit card with the intent to defraud the issuer, a person or organization providing money, goods, or services, or any other person
There are even more ways to commit credit card fraud, but the above are the main offenses.
What Are the Penalties for Credit Card Fraud in NJ?
If you are facing credit card fraud charges, understanding the possible consequences of a conviction is crucial in adequately preparing yourself and your case. In New Jersey, credit card fraud is generally charged as a fourth-degree indictable crime, similar to a felony offense in other states.
A fourth-degree crime can be penalized by the following.
- Up to $10,000 in fines
- Prison sentence of up to 18 months
Certain types of credit card fraud are considered third-degree, and charges can be enhanced based on the circumstances of the situation. In this case, a third-degree credit card fraud conviction can result in up to $15,000 in fines and 3 to 5 years in prison.
You may also be subjected to additional penalties, including probation, community service, restitution, and more.