Credit Card Fraud
There are multiple offenses that may be committed in the course of credit card fraud. The State of Utah punishes separately the crimes of identity theft, unlawful use of a credit card, forging signatures, and possession of stolen property.
When several charges are piled on top of another, penalties can begin to rack up. Your defense lawyer will work with the prosecution, judge, and jury to prove your innocence and fight for a dismissal or reduction of punishments.
Salt Lake City Credit Card Fraud Lawyer
Levitt Legal, PLLC has qualifications and experience in the courtroom handling misdemeanor to felony white collar charges. Credit card fraud may be common and becoming moreso, but the seriousness of your case is not lost on us. If you are in Salt Lake County, Box Elder County, Weber County, Cache County, or the surrounding areas, call 801-455-1743 to set up a free, no-obligation consultation. We will review your case and begin to protect your best interests immediately.
The justice system is not intended for novices. You need representation as soon as possible because evidence and deadlines can disappear as time passes. Call a skilled Salt Lake City credit card lawyer today and leave our meeting knowing that you have an advocate and a plan of action.
Info on Credit Card / Debit Card Fraud Charges
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Credit Card Fraud Statutes in Utah
The explosion of the Internet age saw rapid increases in cases of identity theft, credit card fraud, hacking, and other digital scams. Add in difficult economic times, and there are many people who may resort to credit card fraud out of desperation. People who are introduced to the justice system for the first time may be surprised to learn of the seriousness of the penalties.
In Utah statutes, the term "financial transaction card" may refer to a credit card, debit card or ATM card.
Levitt Legal, PLLC will represent you through the entire process—beginning with advising you on active investigations through to mediating your most favorable sentence.
Utah Criminal Code § 76-6-506.2 – Financial transaction card offenses – Unlawful use of card – False application for card
It is illegal in Utah to fraudulently use a credit card to obtain or attempt to obtain property, goods, or services. The physical card does not have to be stolen for credit card fraud to take place. Using personal identifying codes, PIN numbers, ATM numbers, access numbers, or purchasing lists of credit card numbers is also illegal under this statute.
Sending any false information to a bank, such as a different identity or covering up existing debts, in order to open a credit card is considered credit card fraud. Additionally, exceeding $500 or 50% of the line of credit over an allowed credit card limit is unlawful.
Utah Criminal Code § 76-6-506.3 – Financial transaction card offenses – Unlawful acquisition, possession, or transfer of card
This statute is used for those who have taken a credit card from another person to obtain goods or services, without that person’s knowledge. It also applies to people who receive or sell credit cards for the same use. This statute also notes that any lost or incorrectly delivered credit card may not be used fraudulently. Anyone who passes on identifying information such as access codes or PIN numbers, and does so without consent of the cardholder or knowing that it will be used fraudulently, can also be charged.
Utah Criminal Code § 76-6-501 – Forgery and producing false identification
A credit card fraud will often include a charge of forgery if any false identification or signatures were used in the course of obtaining a card or in the use of the card.
Forgery is a third degree felony, punishable by up to five years in prison and a fine not to exceed $5,000.
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Penalties of Credit Card Fraud in Utah
Any person found guilty of credit card fraud will be sentenced according to the value of the total value of property, money, or things stolen.
Value less than $500 – Class B misdemeanor
Up to six months in jail and a fine up to $1,000
Value between $500 and $1,500 – Class A misdemeanor
Up to one year in jail and a fine up to $2,500
Value between $1,500 and $5,000 – Third degree felony
Up to five years in prison and a fine up to $5,000
Value exceeding $5,000 – Second degree felony
One to 15 years in prison and a fine up to $10,000
Multiple violations may be aggregated into a single offense, and the degree of the offense is determined by the total value of all property, money, or things obtained or attempted to be obtained through the multiple violations.
Restitution for what has been stolen will most likely be required. The State of Utah has the ability to seize your property or assets in order to pay debts to the credit card company and/or cardholder.
Charges for credit card fraud can affect your future career, especially in the financial industry or industries handling sensitive customer information. A felony conviction will never leave your record and removes your ability to vote, serve on a jury, and own a firearm. Hire an accomplished defense attorney as soon as possible to have guidance in the legal system. Levitt Legal, PLLC can immediately advise you on how to handle ongoing investigations and in your communications with law enforcement.
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Defenses of Credit Card Fraud
To be convicted of credit card fraud, or a financial transaction card offense, the prosecution must prove beyond a reasonable doubt that you performed the fraud. They can use receipts to show the item was purchased at a particular place and time and may be able to place you at the register with a security camera. Digital trails online can be as damning as paper trails. In addition to the action of a purchase, the prosecution must prove you knowingly, and with the intent to defraud, attempted to make or made purchases with a credit card.
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Finding the Best Credit Card Fraud Defense Attorney in Salt Lake City
Levitt Legal, PLLC believes strongly in our role as defense attorneys. No matter the circumstances of your case, you have a right to proper representation. Our number one priority is to keep you from having a criminal record and have your freedom taken away from you. It is best to retain an attorney as close to your arrest as possible, as the wheels of the justice system turn regardless of you being prepared.
Call 801-455-1743 today to schedule a free consultation if you are facing credit card fraud charges in Salt Lake City or the surrounding region.