Credit Card Fraud Lawyer
Credit card fraud is a form of identity theft. If you have been charged with credit card fraud, a prosecutor is essentially arguing that you utilized someone else’s identity and credit for your own personal benefit. Given the stigma that attaches to both identity theft and credit card fraud in Texas and throughout the country, if you are facing these charges you will need the strongest legal defense and representation available. Credit card fraud defense lawyer Andrew Peveto in Plano has a thorough understanding of credit fraud statutes in Texas and can provide defenses to protect your rights against overly zealous prosecutors. Don’t put your freedom and reputation at risk! Call the Peveto Law Office today for a free and completely confidential consultation.
Texas laws on credit card fraud
Texas treats credit card fraud as a felony, which can lead to jail or prison sentences of between 6 months and ten years, with fines of up to $10,000 in addition to any restitution that a court might order. Any of the following are considered credit card fraud in Texas:
- Using a credit card that is not your own, or that has expired or been cancelled.
- Using a counterfeit or fictitious credit card.
- Stealing a credit card with an intent to sell it, and purchasing a stolen credit card.
- Inducing a third party to use his or her credit card for your benefit when you know that the third party will be unable to repay the debt.
Texas escalates the severity of charges for credit card fraud from a state jail felony to a third degree felony when the fraud targets an elderly person.
What defenses are available to credit card fraud charges in Texas?
An experienced criminal defense lawyer will develop convincing defense theories based on the facts of each specific case. Depending on your situation, your attorney might argue, for example, that you were a minor when the crimes were committed, or that you were under duress to participate in a credit card fraud scheme.
As with all criminal charges, to win a conviction a prosecutor needs to prove beyond a reasonable doubt that the defendant committed all elements of the crime. This includes demonstrating that the defendant had the requisite knowledge and intent to commit credit card fraud, and that the defendant was not using someone else’s credit card under a mistaken belief that he or she was authorized to use it. A credit card defense attorney will often use the defendant’s lack of knowledge or intent as defenses to credit card fraud charges.
How can an attorney argue for reduced credit card fraud punishments?
A credit card fraud attorney will first thoroughly review all of the evidence that the prosecutor intends to introduce at a trial. If that evidence was gathered or maintained improperly, the defense lawyer will file one or more motions to keep it out of a trial or to limit how it may be used.
Where a prosecutor’s case is weak, a defense lawyer might negotiate for a lesser credit card fraud sentence in exchange for a guilty plea to reduced charges. Prosecuting attorneys are loathe to take cases to trial that they know they might lose. An experienced defense lawyer will recognize a case’s weaknesses and use them against a prosecutor to reach a favorable result for a defendant charged with credit card fraud.
Facing Credit Card Fraud Charges in Texas? Call Peveto Law Office
Andrew Peveto provides experienced criminal defense for individuals in Plano and in greater Dallas/Fort Worth. Please contact Peveto Law Office for more information on how we can defend you when you are facing credit card fraud charges in Texas.
- www.fbi.gov: Credit Card Fraud. https://www.fbi.gov/scams-and-safety/common-scams-and-crimes/credit-card-fraud
- www.creditcards.com: Busted for Card Theft? What to Expect. https://www.creditcards.com/credit-card-news/busted-card-theft-what-to-expect.php