What constitutes credit card fraud in New Jersey?

What Constitutes Credit Card Fraud in New Jersey?

Credit card fraud is a serious issue in New Jersey. The state has strict laws prohibiting the unauthorized use of credit cards. This article will explain what constitutes credit card fraud under New Jersey law, penalties for violations, and potential defenses.

Overview of Credit Card Fraud Laws

New Jersey’s credit card fraud laws are contained in N.J. Stat. § 2C:21-6. This statute prohibits three main types of credit card offenses:

• False statements made in obtaining a credit card
• Credit card theft
• Fraudulent use of credit cards

Some key things to know:

• Credit card fraud charges can range from third to fourth degree crimes, depending on circumstances.
• Third degree charges carry 3-5 years in prison and fines up to $15,000.
• Fourth degree charges carry up to 18 months in jail and $10,000 fines.

Below we’ll break down the specific activities prohibited under New Jersey law.

False Statements to Obtain a Credit Card

It’s illegal in New Jersey to make false statements on a credit card application in order to obtain a card. Examples include:

• Using a fake name or social security number
• Lying about income, assets, or employment
• Claiming to work for a company you don’t work for

Penalties depend on the number of unauthorized cards obtained:

• 1 card – Fourth degree crime
• 2-4 cards – Third degree crime
• 5+ cards – Second degree crime (5-10 years prison)

Defenses: Mistake, lack of criminal intent, identity theft victim

Credit Card Theft

It’s illegal to take a credit card without the cardholder’s consent. This includes:

• Stealing a wallet or purse containing cards
• Going through someone’s mail and taking cards
• Accessing an account online and making copies of cards

Penalties:

• Theft of 1 card – Fourth degree crime
• Theft of 2+ cards – Third degree crime

Defenses: Authorization to use card, mistaken identity, lack of criminal intent

Fraudulent Use of Credit Cards

It’s illegal to use an unauthorized or stolen credit card, or use a card beyond authorized limits. This includes:

• Using a stolen card to make purchases
• Using someone else’s card without permission
• Making charges above authorized limits

Penalties:

• All fraudulent use – Third degree crime

Defenses: Authorization, lack of criminal intent, mistaken identity

Aggravating Factors

There are circumstances that can increase penalties for credit card fraud. These include:

• Committing fraud as part of a criminal network or gang
• Stealing cards as part of a burglary or robbery
• Committing fraud against elderly or disabled victims
• Engaging in schemes across multiple jurisdictions

Defenses to Credit Card Fraud Charges

There are several potential defenses if charged with credit card fraud:

• Authorization: You had permission to use the card from the rightful cardholder.
• Mistaken identity: You did not commit the fraudulent activities, but are wrongly accused.
• Lack of criminal intent: You did not knowingly or purposefully commit fraud.
• Identity theft victim: Someone stole your identity and committed fraud in your name.

An experienced criminal defense lawyer can evaluate the evidence and determine if any defenses apply in your case.

Penalties for Credit Card Fraud

As mentioned above, penalties for credit card fraud in New Jersey depend on the degree of charges:

• Fourth degree – Up to 18 months in jail and $10,000 fines
• Third degree – 3-5 years in prison and $15,000 fines
• Second degree – 5-10 years in prison

First time offenders may be eligible for probation instead of jail time. But penalties increase for repeat offenses.

Restitution to victims will also be required. And a criminal conviction can negatively impact jobs, housing, and other areas of life.

Reporting Suspected Credit Card Fraud

If you discover unauthorized charges on your credit card, report it immediately to your card issuer. Provide detailed information about the fraudulent transactions. The card issuer will investigate and determine your liability.

You can also file a report with the New Jersey State Police Financial Crimes Unit. Provide copies of statements showing the fraudulent charges. This can help law enforcement in building cases against identity thieves.

Avoiding Credit Card Fraud Charges

To avoid facing credit card fraud allegations:

• Never make false statements on applications to obtain cards.
• Only use credit cards which you are authorized to use.
• If you have permission to use someone else’s card, get approval in writing.
• Carefully monitor monthly statements and report unauthorized charges promptly.
• Secure wallets, purses, and financial documents to prevent theft.
• Shred credit card offers and statements before throwing them out.

Finding a Lawyer for Credit Card Fraud Charges

If questioned by police or charged with credit card fraud, immediately contact a criminal defense attorney. An experienced lawyer can often get charges reduced or dismissed.

They will also advise you on defenses and make sure your rights are protected through the legal process. Don’t wait to seek legal help if facing credit card fraud allegations.

Credit Card Fraud Laws – Key Takeaways

• New Jersey has strict laws prohibiting false statements, theft, and unauthorized use of credit cards.
• Charges range from third to fourth degree crimes.
• Penalties include years in prison, heavy fines, and restitution.
• There are defenses in some cases based on authorization, mistaken identity, or lack of criminal intent.
• An experienced lawyer can often get charges reduced or dismissed.
• Anyone facing credit card fraud charges should immediately seek legal representation.

Credit card fraud can have devastating consequences on someone’s life and livelihood in New Jersey. These laws are aggressively enforced. So it’s critical to understand what constitutes illegal activity. If questioned or charged, consult with a lawyer right away to protect your rights.