New York City Credit Card Theft Lawyer
New York City credit card theft convictions can result in spending time in prison, being subjected to long periods of probation, and having to pay steep fines – including up to double the amount a person gained during the crime.
If you have been charged with credit card theft, contact a New York City credit card theft lawyer to review your situation, discuss which legal defenses may be available to you. A skilled theft attorney can determine which course of action makes the most sense for you.
Theft of Services
New York recognizes two types of credit card theft, 1) theft of services, and 2) unlawful use of a credit card.
According to New York Penal Law § 165.15(1), someone can be found guilty of this crime when they obtain (or attempt to obtain) a service, or induce (or attempt to induce) the supplier of a rendered service to agree to payment therefor on a credit basis, by the use of a credit card or debit card which they know to be stolen.
Penalties for Theft of Services
In essence, this simply means someone using, or attempting to use, a stolen credit or debit card. Theft of services is considered a New York Class E felony. It can result in a maximum of four years in prison, long periods of probation, and a possible of $5,000 – or double the amount of the defendant’s gain from commission of the crime.
It is important to keep in mind that someone who commits theft of services through the use of a stolen credit or debit card may also be found liable for other crimes such as larceny (stealing), and forgery (signing the receipt in the owner’s handwriting). A New York City credit card theft lawyer can attempt to defend individuals from credit card theft charges, and other related charges.
Unlawful Use of a Credit Card
According to New York Penal Law § 165.17, someone can be found guilty of the crime of unlawful use of credit card, debit card or public benefit card when in the course of obtaining or attempting to obtain property or a service, they use or display a credit card, debit card or public benefit card which they know to be revoked or cancelled.
In essence, this simply means using, or trying to use, a revoked or canceled credit or debit card. In some situations, it can also include a public benefit card. In order to convict someone of unlawful use of a revoked or canceled credit, debit or public benefit card, the prosecution does not need to prove that the person acquired the card unlawfully or that the property or a service was actually purchased. As long as it was in their possession and they attempted to use it, they can be charged.
Penalties for Unlawful Use of a Credit Card
Unlawful use of a credit card, debit card or public benefit card is considered a New York Class A misdemeanor with carries a maximum of one year in prison or three years of probation, plus a fine of up to $1,000 – or possibly double the amount of the individual’s gain from the crime.
Contact a New York City Credit Card Theft Attorney
If you have been charged with credit card theft, it is important to retain experienced New York City credit card theft lawyer to determine what legal defenses might be available to you and whether the charges against you can be dismissed or mitigated through a plea bargain. Remember, these are serious charges which can affect the rest of your life.