Austin Credit Card Fraud Lawyers
In Austin, credit card fraud or abuse means using someone else's credit card without their permission, which can lead to serious consequences if you're found guilty. This crime usually involves either buying things or taking out money with a card that's not yours. If you're accused of this, it's important to understand how serious the situation is and what to do about it.
Facing credit card abuse charges? Act fast to defend your rights. Cofer & Connelly, PLLC, a top Texas defense firm, has over 200 years of combined experience and has handled thousands of cases, including over 300 jury trials.
Call (512) 991-0576 or visit our website for a consultation.
What Is Credit Card Abuse?
According to Texas Penal Code Section 32.31, credit card abuse happens when someone uses a credit or debit card to get something of value without the right to do so. If you use someone else's card without their permission, or if you use a card that has expired or has been canceled, you are committing credit card abuse. The law covers a variety of situations: using a stolen card, possessing someone else’s card without their permission, using a fake card, or even holding a card with the plan to make it work even though it’s not complete yet.
To prove you committed credit card abuse, a prosecutor must show that you intended to commit fraud—that you knew what you were doing was wrong but you did it anyway to get a benefit. For example, if you use a card knowing it was canceled or expired, it’s assumed you knew this if the card company had already told you so. Additionally, if you lie about providing goods or services as a business accepting these cards, that's also considered credit card abuse.
What Are the Penalties for Credit Card Abuse?
The penalties for credit card abuse in Texas depend on the severity of the offense. The basic penalty is being charged with a state jail felony, which can land you in a state jail for 180 days to two years and possibly include a fine up to $10,000. However, if the offense involves an elderly person, it becomes a third-degree felony. This carries a heavier penalty of 2-10 years behind bars and fine of $10,000.
The seriousness of the offense can escalate the charges you face. For example, larger scale fraud or causing significant financial damage could lead to even more severe penalties under Texas law. Always remember, the specific circumstances of how the card was used, who was affected, and how much was stolen or fraudulently charged play a critical role in determining the exact penalty.
What Is Fraudulent Use or Possession of Credit Card Information?
Under Texas Penal Code Section 32.315, fraudulent use or possession of credit card information involves several actions that you might commit to harm or deceive someone else. If you use, possess, transfer, or get credit card or debit card information without the consent of the card owner, you are committing fraud. This includes handling counterfeit cards—cards that appear genuine but aren't issued by an authorized issuer, have been altered, or display incorrect information about the cardholder or account.
Moreover, using or possessing just the card number and expiration date alone can also be fraudulent if you don't have permission from the card owner. Similarly, if you access and use the data stored on the card's digital imprint (the encoded information on the card) without consent, this too is considered fraudulent. Importantly, if you have five or more such pieces of information, it is assumed by law that you did not have permission to have them, although you can challenge this assumption in court.
What Are the Penalties for Fraudulent Possession or Use of Credit Card Information?
The penalties for fraudulently having or using credit card information in Texas are scaled based on the quantity of information you handle. If you are found with fewer than five items, such as credit card numbers or digital imprints, it's classified as a state jail felony, the least severe category for this offense. However, if the number of items is between five and nine, the crime is elevated to a felony of the third degree.
Handling ten to forty-nine items results in a felony of the second degree, marking a more serious level of offense because of the larger quantity of compromised data. The most severe classification, a felony of the first degree, is for cases involving fifty or more items.
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