Credit Card Abuse
If you have been arrested for credit card abuse, then you have been accused of a serious felony offense. This is a felony where there is also an element of fraud alleged. You need a criminal defense attorney experienced in this type of case on your side. We've handled many debit and credit card abuse cases over the past 20 years. We can help you.Understanding the Texas Credit Card Abuse Statute
Credit Card Abuse is defined by Texas Penal Code Chapter 32. The elements of the offense are set out in Section 32.31 of the Code. There is a multitude of ways to commit credit card abuse. These generally involve the use of a credit or debit card or information related to the card without the effective consent of the owner or issuer of the card.
How Is Credit or Debit Card Abuse Committed?
The Texas Credit Card Abuse statute is long and fairly convoluted. There are a variety of options under which the State can seek a conviction. We want to see your case dismissed, therefore, we look for the weaknesses in the State's case. The following are some, but not all, of the ways a person may commit credit or debit card abuse:
- Using a credit or debit card without the owner's consent;
- Using a fictitious credit card or credit card number;
- Receiving property obtained by a false or fictitious card or number;
- Stealing a credit or debit card;
- Receiving a credit card, knowing it was stolen, with the intent to use the card;
- Selling a credit card when you are not the issuer; or
- Buying a credit card from someone you know is not the issuer;
These are the most common ways that Credit Card Abuse is committed. These are the most common courses of conduct that could lead to your prosecution. If you have been accused of committing Credit or Debit Card Abuse, call us now. Whether you are innocent of the accusation or you are guilty as charged, we can help you.Possible Penalties for Credit or Debit Card Abuse
Credit and debit card abuse is generally a State Jail Felony. This means that it is punishable by confinement in prison for as little as 6 months and as much as 2 years. Some sentences may be probated meaning that the individual is placed on probation rather than being sent to prison. Others may be granted deferred adjudication which means they are placed on probation for a term of years, but the individual is not convicted of the offense. Upon successful completion of deferred adjudication, the individual is discharged from probation and the case is dismissed. Although it is generally a state jail felony, credit card abuse may be enhanced to a third degree felony where the offense is committed against an elderly person.Not Guilty
Most instances of credit card abuse involve the use of a credit card by a person without the owner's consent. These may appear to law enforcement to be clear instances of criminal conduct; however, the underlying facts are not always as clear as they may seem. This is generally only criminal in nature if it is done with fraudulent intent. In other words there must be proof that the accused person acted with knowledge that they were engaging in fraud. Where there is not sufficient proof of this criminal intent, there is not sufficient proof of guilt.
Defenses To Credit Card Abuse
There are often a number of potential issues in the State's case for credit card abuse. If you have been falsely accused of credit or debit card abuse, an experienced criminal defense attorney can help you identify those defenses and challenge the State's case. The following are some of the more common defenses for credit card abuse:
- Consent by the owner to use the card;
- Insufficient proof of the actor's knowledge that the card was stolen;
- Misidentification of the suspect; and
- Lack of fraudulent intent.
This is not a complete list of all defenses to credit card abuse. These are some of the most common. The defense of your case will depend on your specific circumstances. If you are not guilty of this offense, then we want to see you found NOT GUILTY.Hire an Experienced, Aggressive Fraud Defense Attorney
If you have been accused of Credit Card Abuse, then you need an aggressive attorney that will fight to defend you against the State's case. We will do that. Let us help.
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