What is Credit Card Fraud?

Credit Card Fraud is a white collar crime broadly defined as theft by fraud using a credit card, payment card or debit card as a fraudulent source of funds in a transaction. The Texas Penal Code defines credit card fraud.


Texas Penal Code 32.31

CREDIT CARD OR DEBIT CARD ABUSE.

(b) A person commits a criminal offense if:

(c) It is presumed that a person who used a revoked, cancelled, or expired credit card or debit card had knowledge that the card had been revoked, cancelled, or expired if he had received notice of revocation, cancellation, or expiration from the issuer. For purposes of this section, notice may be either notice given orally in person or by telephone, or in writing by mail or by telegram. If written notice was sent by registered or certified mail with return receipt requested, or by telegram with report of delivery requested, addressed to the cardholder at the last address shown by the records of the issuer, it is presumed that the notice was received by the cardholder no later than five days after sent.

(d) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the offense was committed against an elderly individual.

What are the Penalties for Credit Card Theft in Texas?

These crimes are classified as a state jail felony, or a third degree felony in some cases. This means if you are convicted you will be facing 6 months to 2 years in a Texas state jail, or if convicted of credit card fraud against an elderly person, 2 to 10 years in state prison as well as a fine of up to $10,000 in either case.

What Defense Can a Criminal Defense Attorney Provide?

As credit card theft continues to increase, the laws against this offense are undergoing change. Your best solution to a credit card or identify theft charge is to contact an experienced Criminal Defense Attorney. Various defenses can be used in your favor, such as; lack of intent, mistaken usage, using a card under duress, lack of knowledge, you were under age at the time of the offense, or others depending on your particular situation. If you are facing a credit card theft or abuse charge, contact Steve Hesse Attorney-at-Law. He will provide a free consultation to review your individual circumstances. 512-930-2120.