Abuse of Credit and Debit CardsDenton County Criminal Defense LawyersLike forgery and other theft and property offenses, credit and debit card crimes are considered "crimes of moral turpitude." In other words, if you are convicted, you will be viewed as a dishonest person by prospective employers, law enforcement officers, and others who can access your criminal record. As a result, a conviction of a credit or debit card crime can prevent you from doing a lot of things for the rest of your life. Show
At the Law Offices of Tim Powers, we provide aggressive defense representation in many different types of criminal cases, including credit and debit card fraud. As former prosecutors with years of experience in Denton County, Texas, we pride ourselves on offering a unique perspective on how the other side will approach credit and debit card charges against you. Knowing how the other side prosecutes these cases can help us create a stronger defense. Debit and Credit Card Abuse in TexasUnder Texas Penal Code Section 32.31, when you swipe someone else's credit or debit card one time or steal the account numbers from another person, you are committing a state jail felony, punishable by significant fines and the possibility of jail time. Receiving goods or services purchased with a stolen credit or debit card is also a punishable offense. There a number of credit or debit card offenses you may be charged with in Texas:
Other criminal offenses that are listed under the same section of the Texas Penal Code as credit and debit card fraud include:
Call (940) 580-2899 to Schedule Your Free ConsultationA conviction on credit or debit card fraud charges can have a major impact on the rest of your life. If you are not a U.S. citizen, you can be deported. For more information or to schedule a free consultation at our office conveniently located off nest to the Denton County Courthouse, contact the Law Offices of Tim Powers today.  Credit card fraud and debit card fraud are forms of identity theft prohibited by both Texas law and federal law. There are many different types of actions that may lead to credit card fraud charges. A person may be charged with credit or debit card fraud for obtaining and using another person’s credit or debit card information, possessing devices or computer equipment used to steal card information, attempting to open an account with someone else’s personal information, and for many other acts. If you or a loved one have been accused of fraudulent use or theft of a credit card or debit card, this is considered a white-collar crime. Speak with a criminal defense attorney right away so that you can start building a strong defense against the charges. Understanding Credit Card and Debit Card Fraud LawsOften, credit or debit card fraud charges are the result of an individual allegedly using another person’s credit or debit card without his or her authorization. This may involve physical theft of the card or theft of the information contained on the card. Individuals may gain access to other people’s credit card or debit card information when institutions such as banks and retailers experience a major data breach. People may also use email or phone calls to scam people into giving over their credit card or debit card details. This so-called “phishing” typically involves a person or organization requesting sensitive information while pretending to be a legitimate company such as a bank. Credit card fraud can also be the result of a person finding bank statements or credit card statements in someone’s trash. Recently, devices called “card skimmers” have been used to capture card information when someone swipes his or her card at a gas station or ATM. Credit card fraud charges can also result from an individual:
Criminal Penalties for Credit Card FraudUnder Texas law, credit or debit card fraud is a state jail felony offense punishable by up to two years in jail and fines of up to $10,000. If the offense was committed against an elderly person, the charge may be elevated to a third-degree felony punishable by up to 10 years in prison. Credit card fraud and debit card fraud are regularly prosecuted by the federal government as well. Under federal law, a person convicted of credit or debit card fraud can be sentenced to up to 15 years in prison. If it is the person’s second or subsequent offense, he or she can face up to 20 years of imprisonment. Contact a Fort Worth Fraud Defense LawyerFraudulent use of a credit card or debit card can result in significant criminal penalties. If you are facing criminal charges for fraud, you need an attorney who has the experience needed to ensure your rights are fully protected. Tarrant County criminal defense attorney Darlina Crowder has successfully obtained over 250 “not guilty” verdicts throughout her career. She and her dedicated legal team are equipped to represent individuals accused of a wide range of white-collar crimes, including internet crimes, forgery, fraud, and more. To schedule a free consultation at The Crowder Law Firm, P.C., call us today at 214-303-9600. Sources: What is debit card abuse in Texas?Credit/Debit Card abuse is the use of your credit card or debit card by another to obtain a benefit fraudulently. This is the most common type of identity theft and can occur whether or not the person physically has your actual card.
What is the penalty for credit card abuse in Texas?The crime of credit card abuse has been labeled a felony by the Texas legislature. Generally, credit card abuse is a state jail felony, punishable by a term in prison of not less than 180 days and not more than 2 years and a fine not to exceed $10,000.
How much trouble can you get in for using someone else's debit card?If caught, the thief may face fines up to $1,000 and up to one year in the county jail. Often, thieves are ordered to pay restitution to cover the losses suffered by their victims. In some cases, thieves are charged with multiple crimes, including both misdemeanors and felonies.
Is it illegal to use someone else's credit card without permission?Unless the card owner has explicitly granted you permission to use their card, then even a small purchase on the card is illegal. This is a type of fraud, and you may be subject to criminal and financial liability even for a small transaction.
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Is debit card abuse a felony in Texas?
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