Credit Card Theft

With the increased use of credit and debit cards over cash and checks, there have been a corresponding increase in credit card theft. Thieves would steal the victim’s card statement out of their mailbox and use the credit card number to make fraudulent purchases. Credit card theft today has become much more complicated than just stealing a statement from a mailbox. Fortunately, laws against this crime have been broadened with increased punishments.

How do credit card thieves get away with it?

One of the ways that credit card thieves think they can get around the law is not physically possessing the card in use. The evolution of legislation surrounding this practice has made it so that any unauthorized use of the actual card, the account number, and the PIN number can be prosecuted. It doesn’t matter how they came into possession of the information being used to make purchases, all that matters is the purchases were unauthorized.

How to Catch a Thief

Some states require an offender to attempt to use the card before they can be prosecuted for credit card theft but others will proceed with a prosecution for merely possessing the card with the intent to use it without authorization.

Penalties for Credit Card Fraud

Penalties vary by state for credit card fraud. The consequences of breaking this law can range from a misdemeanor to felony offenses. Some states will also enhance the punishment for thieves who steal from the elderly. While many states consider it a felony, the courts will often suspend a sentence or defer action as a way to collect restitution for the victim. Compensation can include:

• The amount of money that was charged to the victim
• Funds the victim had to spend to repair his or her credit
• Fees and penalties incurred on the card/account

Sometimes a credit card thief may also be charged with identity theft as well as other criminal offenses such as fraud, forgery, or even federal charges of mail fraud.

Olathe Credit Card Fraud Lawyer

If you are being charged with credit card fraud, you should have a criminal defense attorney that can protect your rights. Call the Morrison Law firm today at 913-780-6666 or fill out our online contact form to schedule your free consultation.