Credit Card Theft

Credit card theft is a serious crime and is charged as a felony. If you face charges for credit card theft you can be convicted of a third degree or fourth degree crime and face up to five years in prison and up to $15,000.00 in fines. You may also face the employment, immigration, and housing issues that accompany a criminal record. It is important that you retain an attorney to fight the charges before it is too late. The attorneys at Lubiner, Schmidt & Palumbo have successfully defended hundreds of clients facing credit card theft and other criminal charges throughout New Jersey.

Under N.J.S.A. § 2C:21-6(c) you can be found guilty in New Jersey of credit card theft in the fourth degree and face up to eighteen months in prison and $10,000.00 (N.J.S.A. §§ 2C:43-6, 2C:43-4) in fines if:

1. You took or attained a credit card without the credit cardholder’s consent.
1. The prosecutor must prove that you knew you took or attained a credit card that belonged to someone else.
2. The prosecutor must prove that you had the intent to use, sell, or transfer the credit card to another person.
3. If you are found with credit cards in your possession in the names of two or more people or with two or more stolen credit cards the prosecutor does not need to prove numbers one and two above.
2. You kept a credit card that you received after it was lost or mislaid by the credit card holder, or you kept a credit card that was delivered to you instead of the credit card holder by mistake.
1. The prosecutor must prove that you had the intent to use, sell, or transfer the credit card to another person.
3. You sold a credit card that you did not issue or you bought a credit card from someone that was not the issuer.
4. You obtained a credit card as security of a debt.
5. You signed a credit card that does not belong to you and without authority to sign it.
1. The prosecutor must prove that you had intent to defraud.
2. If you are found with two or more of the above credit cards in your possession the prosecutor does not need to prove (a) above.
6. You are authorized to provide money, goods, and services upon presentation of a credit card and you fail to provide money, goods, or services but you represented in writing that you provided it.

of a credit card and you fail to provide money, goods, or services but you represented in writing that you provided it.

Under N.J.S.A. § 2C:21 you can be found guilty in New Jersey of credit card theft in the third degree and face up to five years in prison and $15,000.00 in fines (N.J.S.A. §§ 2C:43-6, 2C:43-4) if:

1. You used the credit card obtained or retained through numbers one through six above to obtain money, goods, or services. N.J.S.A. § 2C:21(d)(1).
1. The prosecutor must prove that you had intent to defraud.
2. The prosecutor must prove that you knew the credit card was forged, expired, or revoked when you used it.
2. You obtained money, goods, or services by representing that you are the holder of the credit card or by representing that you owned the credit card but it had not yet been issued. N.J.S.A. § 2C:21(d).
3. You obtained money, goods, or services by using a credit card you knew was forged, expired or revoked. N.J.S.A. § 2C:21(d).
4. You created or made changes to a credit card. N.J.S.A. § 2C:21
1. The prosecutor must prove that you had intent to defraud.
5. You were authorized to provide money, goods, and services upon presentation of a credit card and you provided money, goods, and services on the basis of a credit card obtained or retained in violation of one through five above or to someone with a credit card that is forged, expired, or revoked. N.J.S.A. § 2C:21(e)(1).
1. The prosecutor must prove that you had intent to defraud.

If you made false statements in order to obtain a credit card you can also be found guilty of a crime in the fourth degree.

You do not want a conviction of credit card theft, or any of the other criminal charges that usually accompany a charge of credit card theft, on your permanent record. You do not want to serve jail time or pay exorbitant fines. If these charges are pending against you it is important that you retain an attorney at Lubiner, Schmidt & Palumbo to fight the charges before it is too late.