In the Houston area, one common charge filed by prosecutors relates to the fraudulent use or possession of a credit card or credit card information. Credit-card-related offenses are typically charged after a person is accused of using someone’s credit card without their permission to make purchases or withdraw money or is in possession of a fake credit card or credit card information. Under Texas law, a person accused of credit card fraud could be charged with the offense of Credit or Debit Card Abuse or Fraudulent Use or Possession of Credit Card Information.
Both credit or debit card abuse and fraud, use, or possession of credit card information are felony offenses that carry the potential for prison time, fines, and a permanent criminal record. If you are charged with Credit or Debit Card Abuse or Fraudulent Use or Possession of Credit Card Information, it is critical to speak with an experienced credit card fraud defense lawyer as soon as possible.
How is Credit or Debit Card Abuse charged in Texas?
Credit or Debit Card Abuse is punished under Texas Penal Code 32.31. Most commonly, defendants are charged with Credit or Debit Card Abuse for making, or attempting to make, a purchase without the permission of the cardholder. However, the Credit or Debit Card Abuse statute is very broad and covers a variety of situations involving the fraudulent use or possession of a credit or debit card or information.
Below are some examples of acts that could form the basis of a Credit or Debit Card Abuse charge:
- Using someone else’s credit card to make a purchase at a store without the permission of the cardholder
- Withdrawing money from an ATM with someone else’s card without permission
- Knowingly using a credit card that has been revoked or cancelled
- Using a fictitious credit card or credit card number
- Stealing a credit card
- Knowingly receiving a benefit resulting from the fraudulent use of a credit card
What are the penalties for Credit or Debit Card Abuse?
Under Texas law, Credit or Debit Card Abuse is a State Jail Felony punishable by 180 days to 2 years in jail. However, Credit or Debit Card Abuse can be charged as a third-degree felony if the offense was committed against an elderly individual (defined as a person 65 years or older). Under Texas law, it is possible to be placed on regular probation or deferred adjudication probation for Credit or Debit Card Abuse.
How is Fraudulent Use of Possession of Credit Card Information charged?
A related offense is known as the Fraudulent Use or Possession of Credit Card or Debit Card Information, which is charged under Texas Penal Code 32.315. Although Fraudulent Use or Possession of Credit Card or Debit Card Information has some overlap with the Credit or Debit Card Abuse statute (and it is possible to be charged under both laws), it carries increased penalties for anyone accused of the fraudulent possession of multiple pieces of credit card information. As a result, Fraudulent Use or Possession of Credit Card or Debit Card Information is a potentially more serious offense.
A person can be charged with Fraudulent Use or Possession of Credit Card or Debit Card Information for possessing, using or obtaining, with the intent to defraud, counterfeit or real credit card or credit card data with the consent of the owner. Typically, Fraudulent Use or Possession of Credit Card or Debit Card Information is charged when a person is accused of committing multiple instances of credit card fraud.
What are the penalties for Fraudulent Use or Possession of Credit Card or Debit Card Information?
The penalties for Fraudulent Use or Possession of Credit Card or Debit Card Information are based on the number of credit cards or pieces of data a person is accused of fraudulently possessing. Fraudulent Use or Possession of Credit Card or Debit Card Information is punished as follows:
- State Jail Felony punishable by 180 days to 2 years for less than five items
- Third-Degree Felony punishable by 2 to 10 years in prison for five or more but less than 10 items
- Second-Degree Felony punishable by 2 to 20 years in prison for 10 or more but less than 50 items
- First-Degree Felony punishable by 5 to 99 years for 50 or more items
What are potential defenses for Credit Card Abuse and Fraud?
The best defense for a charge of Credit or Debit Card Abuse or Fraudulent Use or Possession of Credit Card Information will depend on the facts of the case, but in general, the defenses most commonly used include:
- Consent: The credit card information was used with the consent of the owner
- Lack of intent: The defendant did not have the intent to defraud
- Lack of knowledge: The defendant did not know that credit card information had been used improperly
- Mistaken identify: The defendant is not the person who engaged in the credit abuse of fraud
After receiving the evidence from prosecutors and conducting an independent investigation, an experienced credit card fraud defense lawyer will be able to advise you on what the best defense is. A Credit or Debit Card Abuse or Fraudulent Use or Possession of Credit Card Information will be resolved by either plea agreement, trial or dismissal. Although it is impossible to predict how a criminal case will be resolved, a criminal defense lawyer can maximize the chance of a good result by thoroughly and aggressively challenging every piece of evidence and assumption offered by prosecutors.
How can you keep a Credit Card Abuse or Fraud Case off of your record?
If you are facing a charge of with Credit or Debit Card Abuse or Fraudulent Use or Possession of Credit Card Information the goal should be to protect your freedom and your record. In Texas, you can keep a charge off of your record by obtaining an expunction or a non-disclosure (also known as “sealing” your record).
An expunction is the best possible result in a criminal case in Texas as it results in the destruction of all records relating to the case held by the police or any agency. Additionally, once your case is expunged, you are legally permitted to deny the existence of the arrest in most instances. However, in order to obtain an expunction of a credit card abuse or fraud charge, it is typically necessary for you to have your case dismissed or acquitted (found “not guilty) at trial.
The other way to protect your record is through non-disclosure. A non-disclosure is a way to “seal” your record by limiting the disclosure of records relating to the arrest (typically, government agencies may still be able to see the offense as records are not destroyed). In a Credit Card Abuse or Fraud case, a non-disclosure may be an option if you successfully complete a deferred adjudication probation (you cannot get your records sealed if you are placed on regular probation or take any kind of jail sentence or “time-served”). Although an expunction is superior, a non-disclosure can be a means to protect your record.
If you are charged with Credit or Debit Card Abuse or Fraudulent Use or Possession of Credit Card Information anywhere in the Houston area, call Ceja Law Firm today. Mr. Ceja is a former prosecutor who dedicates his practice to defending citizens accused of criminal offenses throughout the Houston area. Mr. Ceja and his staff are all fluent in Spanish. Call today for a free consultation.
