Hackensack NJ Fraudulent use of a Credit Card Attorney

Fraudulent use of a credit card is a third degree indictable (felony) offense in New Jersey. If convicted a defendant may be sentenced up to five years in a New Jersey State Prison. Anyone charged with this offense is usually also charged with the offense of credit card theft, theft of moveable property, theft by deception or receiving stolen property. The governing statute in New Jersey for fraudulent use of a credit card is N.J.S.A. 2C:21-6(h). This is a very serious offense and if it is not handled properly it can have life changing consequences. The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff. We have the skill set and knowledge to successfully protect your rights. We have been defending individuals charged with fraudulent use of a credit card throughout Bergen County, in towns like Paramus, Fort Lee, Elmwood Park, Englewood Cliffs, Ramsey, East Rutherford and Garfield for over fifteen years. Here is some important information with regards to the offense including the necessary elements and applicable penalties if convicted.

Fraudulent Use of a Credit Card: N.J.S.A. 2C:21-6(h)

As stated above, N.J.S.A. 2C:21-6(h) is the governing statute in New Jersey for fraudulent use of a credit card. In pertinent part it states that:

A person who knowingly uses any counterfeit, fictitious, altered, forged, lost, stolen or fraudulently obtained credit card to obtain money, goods or services, or anything else of value; or who, with unlawful or fraudulent intent, furnishes, acquires, or uses any actual or fictitious credit card, whether alone or together with names of credit cardholders, or other information pertaining to a credit card account in any form, is guilty of a crime of the third degree.

The key aspect of this statute is that the state must prove beyond a reasonable doubt that the alleged defendant acted knowingly when they used the fraudulent credit card to obtain some type of benefit. Therefore, the underline act of using the credit card is not enough, the state must prove the underline intent of the defendant.

Applicable Penalties if Convicted of N.J.S.A. 2C:21-6(h)

As previously stated, fraudulent use of a credit card is a third degree felony in New Jersey. A defendant who is convicted of a third degree felony is facing up to five years in a state prison. However, since this is a third degree crime there is a presumption of non-incarceration but with that being said that presumption can be overcome depending on factors like the victims position, the loss suffered by the victim and the defendant’s prior criminal history.

Based on the defendant’s prior criminal history, they may be eligible for the Pre Trial Intervention Program (“PTI”). PTI is a diversionary program in New Jersey, where if the defendant completes the program without violating any of the special conditions imposed by the judge, the then pending criminal felony charges will be dismissed. Please see our pre trial intervention page for some further information, including what will determine a defendant’s eligibility.

Experienced Bergen County Criminal Defense Firm

The Law Offices of Jonathan F. Marshall has eight criminal defense attorneys on staff making us one of New Jersey’s largest criminal defense firms let alone Bergen County’s. If you have any further questions with regards to the offense of fraudulent use of a credit card or any other offense for that matte it is imperative that you speak to an experienced criminal defense attorney immediately about your options. If you or someone you know has been charged with fraudulent use of a credit card please contact any one of our Bergen County Offices for a free initial consultation.