Dallas Credit Card Abuse Lawyer

What is Credit Card Abuse in Dallas?

Credit card abuse is a serious offense in Dallas, Texas, often categorized under identity theft. This crime involves the unauthorized use of another person’s credit card information, leading to potential financial and reputational damage. This article aims to provide a comprehensive understanding of credit card abuse, the penalties associated with it, and how an experienced attorney can help navigate these complex legal waters.

What is Considered Credit Card Fraud in Texas?

Credit card abuse and fraud involve the unauthorized use of another person’s credit card information for personal gain. This crime is a form of identity theft, as it involves the unlawful use of someone else’s identity (in this case, their credit card information) without their consent.

Texas Penal Code § 32.31 describes credit card abuse as any time someone uses a person’s credit card without permission, purchases a credit card from someone else, or sells someone else’s credit card. Your Dallas credit card abuse lawyer will examine the charges to determine the best way to defend your rights.

Examples of credit card fraud include the following:

A person commits an offense if they intentionally obtain a benefit fraudulently, presents or uses a credit or debit card with knowledge that the card, whether or not it’s expired, hasn’t been issued to them and is not used with the consent of the cardholder, or the card is expired, has been revoked or canceled.
Using a fictitious credit card or debit card or the pretended number or description of a fictitious card;
Receiving a benefit known to be obtained in violation of this section;
Stealing a credit card or debit card or, with the knowledge that it has been stolen, receiving a credit card or debit card with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder;
Buying a credit or debit card from a person known not to be the issuer;
Selling a credit or debit card while not the issuer;
Using or inducing the cardholder to use the cardholder’s credit or debit card to obtain property or service for the actor’s benefit for which the cardholder is financially unable to pay;
Possessing a credit card or debit card with intent to use it without being the cardholder and without the effective consent of the cardholder;
Possessing two or more incomplete credit or debit cards that have not been issued to them with the intent to complete them without the effective consent of the issuer. (An incomplete credit or debit card lacks the feature that the issuer requires to appear on the card before it can be used, such as not having been stamped, embossed, imprinted, or written on.)
Furnishes goods or services on presentation of a credit or debit card obtained or retained in violation of this section or a credit or debit card that is forged, expired, or revoked, with the intent to defraud the issuer or cardholder; or
Failing to furnish goods or services that someone represents in writing to the card issuer that they have provided with the intent to defraud the issuer or a cardholder.

Hiring a top Dallas credit card abuse lawyer experienced in financial crimes is crucial to your defense.

What are the Consequences of Credit Card Fraud in Texas?

Credit card abuse in Texas is generally charged as a state jail felony. However, if the victim is elderly, the charge is increased to a third-degree felony.

State jail felonies are punishable by 180 days to two years in state jail and a maximum $10,000 fine. Third-degree felonies are punishable by two to 10 years in prison and a $10,000 fine.

A credit card fraud conviction can be devastating to you and your family. That’s why it’s important to find a top Dallas credit card abuse lawyer as soon as possible.

You need a defense attorney who is experienced in handling financial crimes.

Our Board Certified lawyers will analyze the circumstances of your case and will work tirelessly to win the best possible conclusion to ensure your freedom and preserve your reputation.

Are there collateral consequences with a credit card abuse conviction?

A conviction for credit card fraud can have several collateral consequences beyond the immediate penalties of fines, probation, or imprisonment. These can significantly impact a person’s life, affecting their personal relationships, career prospects, and overall future. Here are some potential collateral consequences:

Employment: A conviction for credit card fraud can make it difficult to secure employment, especially in fields that require financial trustworthiness or security clearance. Employers often conduct background checks, and a fraud conviction can be a red flag.
Housing: Landlords also typically conduct background checks. A criminal conviction, especially for a financial crime like credit card fraud, can make it more difficult to rent a home or apartment.
Professional Licenses: Certain professions require licensing, and a criminal conviction can lead to the denial or revocation of a professional license. This is particularly true for professions involving finance or law.
Credit Score: Depending on the nature of the fraud, a conviction for credit card fraud can negatively impact your credit score, making it more difficult to secure loans or credit in the future.
Immigration Status: For non-citizens, a criminal conviction can have serious immigration consequences, including deportation or ineligibility for naturalization.
Social Stigma: A conviction for a crime like credit card fraud can lead to social stigma and strained personal relationships.
Education: Some colleges and universities ask about criminal history during the admissions process, and a conviction could impact your ability to be admitted or receive financial aid.

It’s important to note that the exact consequences can vary depending on the specifics of the case, the jurisdiction, and other factors. This is why it’s crucial to have experienced legal representation when facing charges of credit card fraud.

What are some defenses against Credit Card Abuse charges in Dallas?

Defending against credit card fraud charges requires a strong legal strategy. The specific defense will depend on the circumstances of the case, but here are some common defenses that might be used:

Lack of Knowledge or Intent: One of the key elements in a credit card fraud case is proving that the defendant knowingly and intentionally committed the act. If it can be shown that the defendant did not know they were using someone else’s credit card information or did not intend to commit fraud, this could be a strong defense.
Consent: If the defendant had permission from the cardholder to use the card or the card information, this could also serve as a defense. It would need to be proven that the cardholder gave clear and voluntary consent.
Mistaken Identity or False Accusation: In some cases, the defendant may not be the person who actually committed the fraud. They could have been mistakenly identified or falsely accused. This defense would involve proving that the defendant was not involved in the fraudulent activity.
Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the defendant committed credit card fraud. If there is not enough evidence to meet this standard, the charges may be dismissed.
Violation of Rights: If the evidence was obtained through illegal means, such as an unlawful search and seizure, or if the defendant’s rights were violated in some other way during the investigation or arrest, this could be used as a defense.
Identity Theft: The defendant could argue that they themselves are a victim of identity theft, and that someone else used their identity to commit the fraud.

Remember, every case is unique, and the best defense strategy will depend on the specific circumstances of the case. It’s crucial to have an experienced attorney who can evaluate the case and determine the best defense strategy.

Our experienced Dallas credit card abuse lawyers will look for multiple ways to defend against fraud charges.

Need a Dallas Credit Card Abuse Lawyer? Call Us.

If you or a family member is facing credit card fraud charges, it’s imperative to protect your legal rights by consulting with a skilled Dallas credit card abuse lawyer immediately.

At Varghese Summersett, our experienced team will thoroughly investigate the facts of the case to determine the most effective defense strategy for you. For a complimentary and confidential case review with one of our defense attorneys, call us at 214-903-4000.