Credit Card Theft Attorney Elizabeth, NJ

Credit Card Theft Attorney Elizabeth, NJ

Credit card theft is a serious offense in New Jersey, with far-reaching consequences that can impact your finances, your freedom, and your future. If you’re facing accusations of credit card theft in Elizabeth, NJ, securing experienced and dedicated legal representation is paramount.

Brett M. Rosen, Esq., a skilled criminal defense attorney, understands the complexities of these charges and the devastating impact they can have on your life. He will provide you with aggressive and compassionate representation, fighting tirelessly to protect your rights and achieve the best possible outcome in your case.

Understanding Credit Card Theft in New Jersey

Credit card theft (N.J.S.A. 2C:21-6) encompasses various actions involving the unauthorized taking, use, or possession of another person’s credit card information. New Jersey law defines several offenses related to credit card theft, including:

• Theft of a credit card: This involves physically taking someone’s credit card without their permission.
• Receiving a stolen credit card: Knowing or believing that a credit card has been stolen and receiving it with the intent to use it, sell it, or transfer it to someone else.
• Fraudulent use of a credit card: Using a credit card that you know is stolen or unauthorized to obtain goods, services, or cash.
• Forgery of a credit card: Creating or altering a credit card with the intent to defraud.
• Identity theft: Using someone else’s credit card information to open accounts, make purchases, or obtain loans in their name.

One of the most common credit card theft charges is knowingly using a stolen credit card. A Union County prosecutor must prove the following elements beyond a reasonable doubt:

1. That the defendant used any counterfeit, fictitious, altered, forged, lost, stolen or
   fraudulently obtained credit card.
2. That the defendant obtained money, goods, services or anything else of value.
3. That the defendant acted knowingly.

If the prosecutor fails to prove just one element beyond a reasonable doubt, then the jury must find the defendant not guilty of using a stolen credit card. 

Penalties for Credit Card Theft

The penalties for credit card theft in New Jersey vary depending on the specific offense and the value of the goods or services obtained:

1. False Statements: Making false statements to procure a credit card issuance is a fourth-degree crime.
2. Credit Card Theft:
   • Taking or obtaining a credit card without consent: Fourth-degree crime.
   • Receiving a credit card knowingly taken without consent: Fourth-degree crime.
   • Receiving a lost, mislaid, or mistakenly delivered credit card: Fourth-degree crime.
3. Fraudulent Use of Credit Card:
   • Using a counterfeit, altered, forged, stolen, or fraudulently obtained credit card: Third-degree crime.
   • Furnishing, acquiring, or using any actual or fictitious credit card with unlawful intent: Third-degree crime.

Typically, Credit card theft and misuse are considered fourth-degree crimes in New Jersey. A conviction can lead to:

• Up to 18 months in prison
• Fines of up to $10,000
• Restitution to the victim for any financial losses

The severity of penalties can increase depending on the amount of money involved or if the offense involved multiple cards. While less common, credit card crimes can rise to the level of a third-degree. These carry significantly harsher penalties:

• Third-Degree: This carries a potential prison sentence of 3-5 years and fines of up to $15,000. 

In addition to fines and potential jail time, a conviction for credit card theft can have lasting consequences, including:

• A criminal record that can affect your employment, housing, and education opportunities.
• Difficulty obtaining loans or credit in the future.
• Damage to your reputation and credit score.
• Immigration consequences, including deportation for non-citizens.

Defenses Against Credit Card Theft Charges

Building a strong defense against credit card theft charges requires a thorough understanding of the law, meticulous investigation, and strategic legal maneuvering. Attorney Rosen will employ every available resource to protect your rights and freedom. Some common defenses include:

• Lack of intent: The prosecution must prove that you intentionally engaged in the alleged conduct. If you can show that you did not intend to steal or use the credit card fraudulently, or that you were unaware the card was stolen, it may negate the required criminal intent.
• Mistake of fact: If you genuinely believed you had permission to use the credit card or that the card belonged to you, it could be a defense.
• Duress or coercion: If you were forced to use the credit card under threat of harm, this could serve as a defense.
• Lack of evidence: The prosecution must present sufficient evidence to prove beyond a reasonable doubt that you committed the alleged offense. If the evidence is weak or circumstantial, your attorney may be able to challenge its sufficiency.
• Entrapment: If you were induced or coerced into committing the crime by law enforcement, this could serve as a defense.

The Importance of an Experienced Attorney

Facing credit card theft charges can be overwhelming and stressful. Having a skilled attorney by your side can provide you with invaluable support and guidance. Brett M. Rosen, Esq., will:

• Conduct a thorough investigation: He’ll meticulously examine the evidence, interview witnesses, and explore all potential defenses.
• Protect your rights: He’ll ensure your constitutional rights are protected throughout the legal process, from arrest to trial.
• Negotiate with prosecutors: He’ll engage in negotiations with prosecutors to seek a reduction or dismissal of charges whenever possible.
• Provide a strong defense in court: If a trial is necessary, he’ll mount a vigorous defense, challenging the prosecution’s case and advocating for your freedom.
• Offer compassionate support: He understands the emotional toll these charges can take and will provide you with personalized attention and guidance every step of the way.

FAQs About Credit Card Theft Charges in New Jersey

1. What should I do if I’m accused of credit card theft?

   Contact an attorney immediately. Do not speak to the police or anyone else about the allegations without legal counsel present.

2. Can I be charged with credit card theft even if I didn’t physically steal the card?

   Yes, you can be charged with credit card theft even if you didn’t physically steal the card. Using someone else’s credit card without their permission, even if you found it or it was given to you by someone else, can still be a crime.

3. What if I used the credit card without realizing it was stolen?

   If you can prove that you genuinely believed you had permission to use the card or that it belonged to you, it could be a defense. However, the prosecution may argue that you should have known the card was stolen.

4. Can I be charged with credit card theft for online purchases?

   Yes, using stolen credit card information to make online purchases is a form of credit card fraud and can lead to criminal charges.

5. What if I only used the credit card once?

   Even a single unauthorized use of a credit card can be enough to result in criminal charges.

FAQs Continued

1. Can a credit card theft conviction affect my immigration status?

   Yes, a conviction for credit card theft, especially if it involves a significant amount of money, can have serious immigration consequences, including deportation for non-citizens.

2. What is the difference between credit card theft and identity theft?

   Credit card theft specifically involves the unauthorized use of a credit card, while identity theft is a broader crime that involves using someone else’s personal information to commit fraud or other crimes.

3. Can I be charged with credit card theft if I found a lost credit card and used it?

   Yes, using a lost credit card that you found without making reasonable efforts to return it to its owner is considered theft and can lead to criminal charges.

4. What if I was pressured or coerced into using a stolen credit card?

   If you can prove that you were forced to use the credit card under duress or coercion, this could serve as a defense.

5. What are the long-term consequences of a credit card theft conviction?

   A credit card theft conviction can have lasting consequences, including a criminal record, difficulty obtaining employment or housing, damage to your credit score, and immigration consequences.

Don’t Face a Credit Card Theft Charge in Elizabeth, NJ Alone!

A credit card theft charge is a serious matter that requires immediate legal attention. Don’t let fear or uncertainty control your future. Brett M. Rosen, Esq., is a skilled and compassionate attorney who will fight tirelessly to protect your rights and freedom.

Contact him today for a free consultation and experience the difference a dedicated and experienced attorney can make.

908-312-0368 & brett@nynjcriminalcivilesq.com