Credit or Debit Card Fraud
Although fraud involves a number of different offenses in Texas, credit card or debit card fraud is one of the most common white collar offenses in the Dallas / Fort Worth metroplex. This type of fraudulent offense can occur if an alleged offender takes or steals a person’s credit card, uses another person’s pin number, uses another’s person’s credit card without their permission, or uses a person’s credit card information stored on a computer without their permission.
A conviction for debit or credit card offenses in Dallas can result in serious penalties and repercussions, including jail or prison sentences, steep fines, a criminal record, a loss of certain professional licenses, and/or an inability to pursue certain professions or occupations.
Credit card fraud charges do not have to result in a criminal conviction. The state prosecutor is required to prove you committed every element of the offense beyond a reasonable doubt. If the judge or jury has any doubt that you committed an element to the fraud offense, the charges against you may be reduced or even dismissed. Therefore, it is important to contact an experienced criminal defense attorney who will make every effort to help you create your best legal defense.
Dallas Credit Card Fraud Lawyer
If you have been charged with a credit or debit card offense in Dallas, or any of the surrounding areas in Texas, including Garland, Irving, Grand Prairie, Denton, Plano, McKinney, Fort Worth, Rockwall, Johnson, Wise, Ellis, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact The Law Offices of Richard C. McConathy. Attorney Richard McConathy is knowledgeable in all areas of Texas’ white collar crimes and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Call The Law Offices of Richard C. McConathy for a free consultation at (972) 445-4300 about your alleged credit or debit card fraud offense.
Dallas Credit Card Fraud
According to Tex. Penal Code Ann. § 32.31, an individual can be charged with credit card or debit card if they:
- Present a credit card or debit card with the intent to use the card in order to obtain some benefit without the card owner’s knowledge;
- Present a credit or debit card with the intent to obtain some benefit knowing the card was expired, revoked or cancelled;
- Use a fake credit or debit card or fake credit or debit card number with the intent to obtain some type of benefit;
- Knowingly receive any type of service or monetary or physical benefit from credit card fraud,
- Steal a credit or debit card belonging to another person;
- Knowingly receive a stolen credit card with the intent to use it, sell it, or give it to another person that is not the rightful owner;
- Buy a credit or debit card from a person knowing they did not issue the credit card;
- Sell a credit or debit card to another person when they did not issue the card;
- Use a credit or debit card to obtain any kind of benefit that the card’s rightful owner is not financially able to pay;
- Possess a credit or debit card with the intent to use it to obtain some benefit when the alleged offender is not the rightful owner and they do not have the rightful owner’s consent; and/or
- Possess two or more incomplete credit or debit cards that have not been issued to the alleged offender with the intent to complete the cards without the rightful owner’s permission.
Penalties for Debit Card Fraud in Dallas
Chapter 12 of the Texas Penal Code defines the minimum statutory penalties for credit card or debit card fraud. These penalties can increase, depending on whether the alleged offender is considered a repeat or habitual offender, has any other criminal convictions, and/or committed the fraud against an elderly individual.
- An individual charged with credit card or debit card fraud can generally receive a state jail felony conviction. This degree of offense is punishable by a jail sentence ranging from 180 days to two years and/or a fine up to $10,000.
- An individual charged with credit card or debit card fraud can face a felony of the third degree conviction if the offense was committed against an elderly person. Texas law defines an elderly person as anyone who is 65 years of age or older. This degree of offense is punishable by a prison sentence ranging from two to ten years and/or a fine up to $10,000.
The Law Offices of Richard C. McConathy | Fort Worth Debit Card Fraud Attorney
Contact The Law Offices of Richard C. McConathy today for a consultation about your alleged felony offense throughout Dallas County in Texas. Richard McConathy is an aggressive Dallas white collar defense lawyer who will make every effort to fight the allegations against you. Contact The Law Offices of Richard C. McConathy at (972) 445-4300 for a consultation about your alleged credit or debit card fraud throughout Dallas County in Texas and the surrounding counties of Denton County, Collin County and Tarrant County.