Rockland County Credit Card Theft Lawyer
Being accused of credit card theft can be frightening and sometimes disorienting. You may be wondering exactly how to defend yourself, especially since these cases can carry potentially serious penalties.
Any individual charged with this crime should call a Rockland County credit card theft lawyer for legal assistance. An attorney who is familiar with state law on these and other similar charges could review your case and advise you of your legal options. Throughout the legal process, a detail-oriented theft attorney could represent you to defend your rights and help you achieve the best possible outcome.
Information on Credit Card Theft Laws
Charges for credit card theft in New York commonly involve the crime of larceny, which New York Penal Law §155.05 defines as the stealing or taking of another person’s property with the intent of depriving that person of their property. An individual may commit larceny in various ways, including taking property such as a credit card by false pretenses or by acquiring a lost credit card and refusing to return it to the proper owner.
New York Penal Law §155.30 specifically deals with the larceny of a credit card. According to the statute, stealing a credit or debit card of another person is grand larceny in the fourth degree. Such a larceny is a class E felony, which, according to New York Penal Law §70.00, carries a maximum prison term of up to four years. A Rockland County lawyer could help those charged with larceny of a credit card understand the specific theft charges they are facing.
Possession of Stolen Credit Card
A related crime to credit card theft is the possession of a stolen credit card. Under New York Penal Law §165.45, an individual is in criminal possession of a stolen credit or debit card if they:
- Know the card is stolen
- Intend to use the card to benefit themselves or another person
- Intend to impede the rightful owner’s recovery of the card
As with larceny of a credit card, criminal possession of a stolen credit or debit card is a class E felony. Any individual charged with possession of stolen credit card should contact a Rockland County attorney to determine their options.
Restitution Following a Credit Card Theft Conviction
In addition to the real possibility of steep monetary fines, a person convicted of credit card theft could face other financial consequences as well. Chief among these consequences is the possibility of restitution.
Restitution is a requirement in a criminal case that a defendant pay back any financial losses directly to the alleged victim. While this is a similar outcome to an injury case, restitution is part of a criminal case. Any restitution money is paid directly to the alleged victim and does not count against any outstanding fines or court costs. A lawyer in Rockland County could help someone avoid or negotiate down restitution in a credit card theft case.
Could a Credit Card Theft Case Be Dismissed?
It is possible and not at all uncommon for prosecutors to dismiss credit card theft cases. Ultimately, only the prosecutor has the power to dismiss a case. However, a dismissal could become more likely if the alleged victim in the case refused to participate. Dismissals in credit card theft cases also may occur when the defense attorney in Rockland County manages to suppress evidence that the state intended to use at trial.
Even if the prosecutor does not drop the charges entirely, they might agree to amend the defendant to a lesser charge in some cases. This could happen through a plea bargain agreement or simply because the state realized they were unable to make their case.
How Could a Defense Attorney Help with a Credit Card Theft Charge?
The counsel provided by a Rockland County defense attorney could be vital following an arrest under suspicion of credit card theft. An attorney could help by fighting for low bail or even release on the defendant’s own recognizance. During the criminal case, an attorney could negotiate a plea bargain, argue for a dismissal, or presenting a solid defense argument at trial. Their role continues to be important even after a conviction, as an attorney could successfully push for a lower sentence.
Defenses for Rockland County Charges
To defend themselves against credit card theft charges, an individual may be able to claim that they did not actually steal the credit or debit card. For example, a person may have taken a credit card they rightfully believed to have been their own. Similarly, they may have obtained a credit card without realizing it was stolen.
In other situations, defendants may have simply picked up a lost credit or debit card, intending to return it. In these cases, they may not have had any intent to use the card for their own purposes or to deprive the owner of their rightful property. A Rockland County credit card theft attorney could provide a thorough examination of possible defenses that might apply to any individual case.
Ask a Rockland County Credit Card Theft Attorney
If you were accused of stealing another person’s credit card, get in touch with a Rockland County credit card theft lawyer as soon as possible. Even if you have not yet been formally charged, speaking with an attorney could be critical to protecting your rights.
A lawyer from the Law Offices of Jeffrey Lichtman could work with you to understand your case and provide you with the best possible legal advice. We know every case is different and our goal is to defend your specific case in a way that minimizes your legal exposure. For help with these charges, do not delay. Call our office immediately.