Fraud, of any kind, is considered a serious criminal offense in the state of Texas. Credit card fraud in particular is a common offense throughout the state. With this being the case, law enforcement has been focusing in on these criminal action and will aggressively prosecute those who are alleged to have taken part in this white collar crime.
Due to the severe penalties involved, it is important to protect your name and freedom by working with a criminal defense attorney who can effectively represent you in court. 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 Attorney
Having a pending credit card fraud allegation hovering over you can be a stressful and anxiety inducing experience. Not only can it come with lengthy prison sentence and costly fines, it is also a felony offense, which will stay on your permanent record and render you ineligible to take part in many activities that individuals with clean records can, like voting and running for public office.
The Dallas criminal defense attorneys at Law Offices of Richard C. McConathy are experienced in cases involving white collar crimes such as credit card fraud and will draw on this knowledge to formulate the most productive and advantageous defense strategy possible.
Call (972) 233-5700 or send an online message to schedule a free and confidential consultation to discuss the details of your case. Law Offices of Richard C. McConathy proudly represent individuals throughout North Texas, including the counties of Dallas, Collin, Wise, Johnson, Tarrant, Denton, Ellis and Rockwall.
Credit Card Fraud under Texas Law
According to Texas Penal Code §32.31 states that a person commits credit card fraud if:
- With the intent to with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that: (A)the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or (B)the card has expired or has been revoked or cancelled;
- with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card;
- he receives a benefit that he knows has been obtained in violation;
- he steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder;
- he buys a credit card or debit card from a person who he knows is not the issuer;
- not being the issuer, he sells a credit card or debit card;
- he uses or induces the cardholder to use the cardholder’s credit card or debit card to obtain property or service for the actor’s benefit for which the cardholder is financially unable to pay;
- not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it; or
- being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or a cardholder, fails to furnish goods or services that he represents in writing to the issuer.
The offenses listed above will be classified as state jail felony. In Texas, a state jail felony, if convicted, comes with a presumptive sentence of not more than two years and not less than 180 in jail, along with a fine not to exceed $10,000.
Law Offices of Richard C. McConathy | Dallas County Credit Card Fraud Arrest Attorney
If you are currently charged with credit card fraud in North Texas, the consequences for not preparing yourself can be severe. Considering that this offense is considered a felony, not only will possibly have to deal with length jail sentences and costly fines, you will also have a felony conviction on your permanent record, potentially hurting your social and professional well-being.
With this in mind, working with the qualified and professional legal team at Law Offices of Richard C. McConathy will enable you to take advantage of the extensive legal knowledge and experience contained by the staff. They are dedicated to providing excellent client service while making certain your rights are protected throughout the entire process. This commitment will be implemented to give you the best possible opportunity to get the charges reduced or dismissed.
To schedule a free and confidential consultation with the McConathy legal team, call (972) 233-5700 today. The lawyers of Law Offices of Richard C. McConathy proudly represent individuals in and around the north Texas cities of Dallas, Garland, Irving, Richardson, Farmers Branch, Sachse, Plano, Frisco, Allen, Briar, Rhome, Alvord, Cleburne, Keene, Fort Worth, Arlington, Keller, Kennedale, Fate and Heath, among many others.