Fort Lee NJ Credit Card Theft Attorneys
Credit Card Theft has become a very common charge issued by Bergen County law enforcement over the years. The governing statute in New Jersey for Credit Card Theft is N.J.S.A. 2C:21-6(c). Pursuant to New Jersey law, credit card theft is either a third or fourth degree felony (indictable matters) and not only will the individual be scared with a felony criminal record but they will also be subjected to potentially lengthy prison sentences if convicted. A felony criminal record for credit card theft will inevitably make your chances of either keeping or gaining employment very difficult. The Law Offices of Jonathan F. Marshall has been successfully defending individuals charged with credit card theft, receiving stolen property, burglary, theft by deception, shoplifting, robbery, issuing bad checks and fraudulent use of a credit card in towns like Fort Lee, East Rutherford, Paramus, Saddle Brook, Garfield and Palisades Interstate Park for over fifteen years. We have eight criminal defense attorneys on staff waiting to assist you. Here is some important information with regards to the offense of credit card theft, including the necessary elements and applicable penalties if convicted.
Theft of a Credit Card Attorneys in Elmwood Park NJ: N.J.S.A. 2C:21-6(c)
There are five common scenarios in which an individual may find themselves charged with a theft of credit card offense in New Jersey, they are as follows:
- The Taking of a Credit Card of Another Without Valid Consent: Before an individual can be convicted of this type of offense, the state must prove that the accused took and/or received the credit card in question and did so with the intent to either use, sell or transfer it to another person other than the issuer or cardholder. This offense is a fourth degree felony, which subjects an individual to a potentially eighteen (18) month New Jersey State Prison sentence.
- It is important to note here that any consent obtained by deception, extortion or misappropriation will not be considered a valid consent.
- Receipt of Lost, Mislaid, or Mistakenly Delivered Credit Card: Under this scenario the state must prove that the defendant received a credit card that was lost, mislaid or delivered under a mistake as to the identity and that the defendant was aware of the loss, the mislaying or the mistake and it was the defendant’s intentions to use, sell or transfer it to a person other than the issuer or the cardholder. This is a fourth degree indictable offense, therefore, if the defendant is convicted they will also be subjected to a potential 18 months in jail.
- Selling or Buying Credit Card from a Person Other than Issuer: Under this scenario an individual will be convicted of selling and/or buying a credit card if the state proves beyond a reasonable doubt that someone other than the issuer sold the credit card in question or if the person buys the credit card from a person other than the issuer.
- Obtaining Credit Card as Security for Debt: Under this scenario the state must prove beyond a reasonable doubt that the defendant obtained control over the credit card in question as security for a debt with the underline intentions to defraud either the issuer or a person providing money, goods, services or anything of value.
- Falsely Making or Embossing Credit Card: Under this scenario the state must prove that the defendant falsely made or embossessed a credit card of another and did so with the intent to defraud a purported issuer or person who provides goods, services or anything of value. This is considered a third degree felony offense in New Jersey, thus anyone convicted under this scenario could be facing up to five years in state prison.
Lyndhurst Credit Card Theft Lawyer
The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty-five years of prosecuting experience. We have the skill set and knowledge to successfully protect your interests. If you or someone you know has been charged with credit card theft in towns like Ramsey, Mahwah, Rutherford, Elmwood Park, Englewood, Cliffside Park or Fair Lawn we can help. If you have any further questions please feel free to contact any one of our Bergen County Offices for a free initial consultation at 1-800-682-4037.