With all the major malls and shopping centers spread out throughout Mercer County, it should not be a surprise to hear that they issues some of highest number of credit card fraud charges each and every year. All credit card related criminal charges will be governed by NJSA 2C:21-6. So if you have been charged with embossing a credit card, theft of a credit card, using a stolen credit card or using a fraudulent credit card those charges will still be governed by NJSA 2C:21-6. These are serious felony offenses in New Jersey and if not handled properly, could really play havoc on your life. Outside of the potential jail exposure, a criminal conviction of this nature could serious affect your ability to ever gain meaningful employment. If you have been charged with theft of a credit card, fraudulent use of a credit card, burglary, theft by deception, receiving stolen property or shoplifting in Mercer County, the criminal defense attorneys at Keith Oliver Criminal Law can help.
Our office serves all of Mercer County, including towns like Hamilton, Lawrence, Ewing, Trenton, Hightstown, Robbinsville, East Windsor and West Windsor. Our attorneys are well aware of what is on the line when someone gets charged with this type offense. As such, we will go through every little piece of discovery and leave no stone unturned in order to help our clients achieve the best possible outcome. If you would like to come into our office for a free initial consultation then please contact us directly at (609) 789-0779. We can go over the specific facts of your case and give you our honest feedback on how we think we can be of assistance. Hiring the right Mercer County criminal defense attorney can go a long way to making sure these types of offenses do not affect your future. For more information on how to defend credit card charges, please see below.
Credit Card Charges Defense Attorneys in Lawrenceville NJ
When it comes to credit card charges in New Jersey there are several different offenses that a Defendant could be charged with. Understanding not only what subsection applies but what exactly the prosecution must prove in order to obtain a conviction is crucial to defending these types of charges. As stated earlier, all credit card offenses will be governed by NJSA 2C:21-6. Here is a breakdown of not only the different offenses but what the prosecution must prove as well.
Using a Forged Credit Card in NJ: N.J.S.A. 2C:21-6d(1) Charges
This section of the statute states in pertinent part that “A person, who, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value, or any other person . . . uses for the purpose of obtaining money, goods, services or anything else of value . . . a credit card which he knows is forged, expired, or revoked” In order to be convicted, the prosecution will need to prove the following elements:
- That the Defendant used a credit card for the purpose of obtaining something of value;
- The Defendant was aware that the credit card was forged, expired or revoked; &
- That the Defendant did so with the intent to defraud the someone of anything of value.
So, when it comes to the defrauding, it does not necessarily have to be the owner of the credit card but it can also be the store or the bank or anyone else for that matter. Anyone charged under this subsection will be facing a third degree felony offense. A third degree felony is punishable by up to 5 years in a State Prison, a fine up to $15,000 and a felony criminal record.
Theft of a Credit Card in NJ: N.J.S.A. 2C:21-6c(2) Charges
This section of the statute explicitly covers the actual theft of the credit card. The statute states in pertinent part that “A person who received a credit card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder” So, in order to be convicted under this subsection, the prosecution must establish the following elements:
- That the Defendant actually received the credit card in question;
- That at the time he received it, the Defendant knew that it had been:
- Mislaid, or
- Delivered under a mistake; &
- The Defendant maintained possession of the credit card with the underlying intent to eventually use it or to sell it.
Anyone charged under this section will be facing a fourth degree felony. If convicted, a Defendant would be subject to the following penalties: up to 18 months in a State Prison, a fine up to $10,000 and a felony criminal record.
Embossing Credit Cards in NJ: N.J.S.A. 2C:21-6c(5) Charges
This section of the statute specifically covers embossing also known as the making of the credit cards. In other words, adding the credit card numbers and personal information to the physical card itself. The statute states in pertinent part that, “a person who, with intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value, or any other person, falsely makes or falsely embosses a purported credit card or utters such a credit card is guilty of a crime.” So, the prosecution must be able to prove beyond a reasonable doubt the following elements:
- That the Defendant falsely made or embossed a credit card; &
- In doing so, the Defendant had the underlying purpose to defraud someone of something of value.
A Defendant charged under this subsection will be facing a third degree felony offense. Anyone convicted of a third degree felony will be facing anywhere from three to five years in prison, a fine up to $15,000 and a felony criminal record.
Can I get PTI on Credit Card Fraud Charges in NJ?
Pretrial Intervention is a diversionary program in New Jersey. This program is available for certain, non-violent, low level offenses. So, in theory, a Defendant who has never participated in a diversionary program before, could be eligible for the PTI program. If eligible and if accepted, a Defendant could walk away from these charges without a criminal record and without serving a day in jail. For more information the pretrial intervention program in New Jersey, please click the link.
Credit Card Defense Attorneys New Jersey
If you have been accused of theft offense in New Jersey, the attorneys Keith Oliver Criminal Law can help. We defend clients charged with burglary, theft by deception, receiving stolen property, theft of services, credit card fraud and robbery in courts throughout Mercer County. Those courts include the Mercer County Superior Court, the Lawrenceville Municipal Court, the Hamilton Municipal Court, the Trenton Municipal Court, the Ewing Municipal Court, the West Windsor Municipal Court and the East Windsor Municipal Court. If you would like to come into our office for a free face to face consultation with one of the criminal defense lawyers at Keith Oliver Criminal Law we can help. To schedule a consultation today, please do not hesitate to contact us.