Credit Card laws have expanded with the growing techniques in how theft is committed. It is no longer just picking up a statement from a mailbox; people can now obtain the account numbers without the holder's consent to make unauthorized purchases online or create a card for their own personal use.
Although credit card fraud laws vary by state, New York law prohibits the use of credit cards and debit cards in two distinct manners. The first illegal manner to use a credit or debit card is under Section 165.15(1) of the New York Penal Code where it states that a person who attains or attempts to attain a service on a credit that is known to be stolen is guilty of credit card fraud. Another illegal use of a credit and debit card is found in Section 165.17, which prohibits an individual from engaging in the unlawful use or display of a card with the knowledge that the card has been cancelled or revoked. Other statutes include penalizing a person that knowingly possesses stolen property to benefit himself or someone other than the account holder and being charged with grand larceny.
Subject to credit card theft charges may potentially be found liable for other charges. Some of these additional charges can include mail fraud, larceny, criminal possession of stolen property, forgery, and fraudulent use of identifying information.
Credit card theft is a serious offense that can end up in a felony conviction. Whether you have been accused of stealing or using a credit card without the account holder's consent or used your card after it was cancelled or expired, it is imperative that you consult with an attorney as soon as possible. In Demidchik Law Firm, our skilled attorneys can provide you with the proper legal assistance to help prove your innocence.