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:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

• 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.