New York Credit Card Fraud Frequently Asked Questions

The New York state criminal code does not define any single crime as “credit card fraud.” This means that you cannot be arrested and given a charge of “credit card fraud.” That said, credit card fraud is an umbrella term used to describe a variety of crimes including fraudulently using another individual’s credit card, grand larceny, and identity theft.

Credit card fraud might involve making offline and online purchases with a stolen credit card. Alternatively, it might involve stealing a person’s identity and opening varying financial accounts. This might be done both by strangers and by family members of the victim.

Fraud also describes lying about yourself when applying for a credit card. The term can even apply to the creation of fake credit cards.

Understanding the Seriousness of Credit Card Fraud

Regardless of the exact criminal charges that you’re facing, any kind of charge related to credit card fraud is serious. It’s important to speak with an experienced New York criminal lawyer as soon as you can. Federal Lawyers is a group of highly skilled lawyers that can help.

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Legal Scenario: What Would You Do?

Scenario

You discover that your roommate has been using your credit card number to make online purchases totaling over $3,000 without your knowledge. After confronting them, they claim they thought you wouldn't mind and offer to pay you back, but you've already filed a police report.

What criminal charges could my roommate actually face under New York law for using my credit card without permission?

Attorney's Answer

Under New York Penal Law, your roommate could face charges for Grand Larceny in the Third Degree (PL §155.35) since the stolen amount exceeds $3,000, which is a class D felony carrying up to 7 years in prison. They may also be charged with Identity Theft in the Second Degree (PL §190.79) for knowingly using your personal identifying information to commit fraud, another class D felony. Additionally, charges under Criminal Possession of Stolen Property (PL §165.45) could apply for retaining goods purchased with your card. Their willingness to repay you does not erase criminal liability, though it could potentially be a mitigating factor during sentencing negotiations.

This is general information only. Contact us for advice specific to your situation.

Identity Theft

To commit identity theft, a person must use the identifying characteristics of another person (including things like social security number, birth date, and name) to gain goods and services. Four identity theft charges are part of the New York Penal Code: first degree identity theft, second degree identity theft, third degree identity theft, and finally aggravated identity theft.

Degrees of Identity Theft