Credit Card Fraud
According to Fundivo, Cyber Monday achieved a whopping $2.68 billion in online sales in 2014. With figures like that it is no wonder that credit card fraud is on the rise. In the US in 2013 there was $7.1 billion in money lost to credit card fraud. That figure is almost half of the global loss combined.
Have you been charged with possessing a credit card without the cardholder’s consent in Nevada?
With the US economy still in a down turn, it is very easy for people with no prior criminal history to fall victim to performing credit card fraud. Many people think that as long as they do not misuse an actual credit card that they cannot be charged with fraudulently using a credit card.
That is not the case.
In the state of Nevada credit card laws include the unauthorized use of either a physical card or the account number related to an unauthorized credit card. For example, say you just copy the number of a credit card without consent, you could be charged under NRS 205.690 (5) (a) and (b), which “makes it illegal to possess credit or debit card information without the cardholder’s consent.”
If you make a false statement regarding your identity or financial condition in order to procure a credit card you can be charged and found guilty of a gross misdemeanor under Nevada law NRS205.680.
You can also be charged with credit card fraud if you possess a credit card with intent to use it without authorization.
It does not matter whether you were just in possession, used or sold an unauthorized credit card. The state of Nevada considers credit card theft a class D felony.
“A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.” (NRS193.130)
The seriousness of the offense and subsequent penalty is determined by the amount that was charged on the credit card.
If you are charged with credit card fraud you could receive up to 20 years imprisonment. However, jail time may be considerably less than an assault charge, for example, because the courts take into consideration that it is a crime against property and not against another person.
If charged with credit card fraud you may receive receive a suspended sentence or deferred adjudication in order to give you a chance to reimburse the victim(s) for any losses they suffered as a result of the credit card fraud (restitution) including whatever was charged to the credit card.
Being convicted of fraudulent use of a credit card is a probational offense. Therefore it is possible to avoid prison time altogether. However, whether you would be granted probation depends on a number of factors. During probation, the judge can order payment of restitution, and/or all other standard terms of probation including counseling, community service, random testing for alcohol and drugs, etc.
If you have no prior offenses, you could avoid a conviction with a Stay of Prosecution. This means that the offense is stayed for a certain period of time to ensure that you do not have another offense and to allow you to complete certain court imposed requirements. In this situation, if you successfully complete all requirements and remain out of trouble during the stay period, the charge may be dismissed or reduced.
Fighting Credit Card Fraud Charges in Las Vegas
Credit card fraud become much more complicated if there are other charges involved as well such as larceny or burglary. For example, if you obtained a business credit card without permission from your employer and entered a store with the intention of using the card to purchase any goods or services you could be found guilty of not only credit card fraud crime but also of burglary.
If you have been charged with credit card fraud in Las Vegas, call the knowledgeable criminal defense attorneys at Weiner Law Group. We have successfully represented people charged with credit card fraud and we will work hard to negotiate your case to avoid the harshest criminal penalties. Call us today at 702-202-0500 or fill out our contact form.