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Credit Card Theft Charges: Understanding Penalties and Prosecution

Defending Credit Card Theft Charges

If you are facing allegations of credit card theft, it’s essential to understand the gravity of the charges and their potential consequences. Credit card theft is an offense that involves using another person’s credit card or information without their permission for financial gain. Such charges can have significant repercussions, including hefty fines and incarceration of up to three (3) years. For this reason, it’s important that you have a seasoned defense lawyer on your side.

The Hirsch Law Group approaches every case with a combination of empathy, experience, and a dedication to equality. We thoroughly review the circumstances of the accusation to devise a strong defense strategy – whether it be a lack of intent to defraud or insufficient evidence. We will work hard to pinpoint inconsistencies in the prosecution’s case, negotiate with entities involved, and, if necessary, represent you vigorously in court.

Understanding Credit Card Theft Charges

720 ILCS 250/8 states that credit card theft is committed by a person who, with intent to defraud the credit card issuer, the merchant, or any other person, uses a credit card without the consent or authority of the cardholder, or represents that he is the holder of the credit card when he is not, to obtain money, goods, property, or services. Additionally, people commit credit card fraud when they use their own card despite knowing that the credit card is expired, revoked, or has no sufficient funds.

Credit card theft is not merely the physical stealing of the card to steal credit card numbers; it could encompass various fraudulent activities.

Credit card theft is often committed along with identity theft. From phishing schemes that deceitfully acquire personal information to the theft of card details for unauthorized charges, the scope is broad.

Some more common types of credit card theft include skimming, phishing, and physical unlawful taking.

  • Skimming: Copying card information during a legitimate transaction. This is usually done using automated teller machines.

  • Phishing: Soliciting personal data under false pretenses, often online.

  • Larceny: Physically taking a card to make fraudulent transactions.

If you or a loved one is facing credit card fraud charges, it’s important to keep calm and composed and get in touch with a criminal defense attorney like the Hirsch Law Group. We stand by our clients, ensuring equality, experience, and empathy guide every case. Your trust in us is paramount, and we are committed to helping you navigate the complexities of credit and debit card fraud charges with professionalism and understanding.

Potential Consequences and Penalties

Credit card theft is a serious offense that carries significant penalties. When facing such charges, it’s crucial to understand the potential consequences that may affect your future. As an experienced criminal defense law firm in Illinois, we at Hirsch Law Group want to guide you through the intricacies of credit card holders and what these charges entail.

Under Federal Law

According to 15 USC Subsection 1644, credit card and identity theft may be a federal crime if done interstate or affects foreign commerce. Federal penalties for credit card fraud can be severe, including:

  • Up to 10 years in prison sentence

  • Substantial fines

  • Forfeiture of personal assets

Under the State of Illinois Laws

In Illinois, credit card theft and fraudulent credit card use can result in serious state-level charges, often classified as felonies, depending on the value of the theft and the circumstances of the crime.

Credit card fraud is generally a Class 4 felony punishable by one to three years in prison and up to $25,000 in fine. A guilty conviction will become a permanent record open to the public, including potential employers. If the value of the transaction exceeds $300, it is a Class 3 felony and is punishable by two to five years in prison and up to $150,000 in fines.

Beyond legal penalties, credit card theft can drastically affect your credit score. If your name is associated with fraud, this can trigger a lengthy dispute process to clear your record.

At Hirsch Law Group, we empathize with the stress and confusion that accompany such charges. Trust in our experience to navigate the legal landscape and defend your rights with equality and vigor. It’s our mission to ensure that our clients emerge from legal difficulties with their futures intact.

Steps to Take if You’re Charged

We at Hirsch Law Group understand the stress and confusion that come with dealing with credit card theft charges. We’re here to guide you through the necessary steps to protect yourself.

If you are charged with credit card theft in Illinois, you should first keep calm. If law enforcement officers contacted you before formally filing charges, then you better contact an experienced criminal defense attorney ASAP.

Whether you had anything to do with it or not, you must try to only speak with police officers in the presence of an attorney. It is within your Constitutional right. It is also possible to avoid criminal charges entirely. Your defense lawyer will speak with you about your legal options.

Defending Against Credit Card Theft Charges

At Hirsch Law Group, we understand the gravity of facing credit card fraud and theft charges. Being accused of any crime can be a distressing experience, but it’s vital to remember that you have rights and options for mounting a strong defense.

Some of the possible defenses against theft of credit card allegations include the following:

  • Lack of intent: Criminal intent is a vital element in proving the accused’s guilt. If there was no intention to commit fraud, the charges against you should be dismissed.

  • Mistaken identity: The act may have been committed by someone else. Credit card theft often involves online transactions.

  • Authorization: by the owner that may have been misunderstood or forgotten.

  • Insanity: If your loved one was mentally incapacitated at the time the crime was allegedly committed, insanity or incapacity can be raised as a defense.

The strategy employed will depend on the unique elements of your case. With our commitment to your defense, we can navigate these legal challenges together. Trust in our team to employ our extensive knowledge and skills in your favor.

Our experience across various criminal defense cases in Illinois is a testament to our capacity to handle cases like yours. We’ll defend your rights with assertiveness and an understanding of the situation’s complexity and impact on your life.

Why Choose Hirsch Law Group

When facing charges of credit card theft, seasoned legal representation is crucial. At Hirsch Law Group, we bring a professional approach tailored to each client’s unique circumstances. We understand that credit card fraud investigations can be complex, often involving various forms of deception, such as phishing scams, skimming, and other sophisticated methods.

If you’re grappling with the complexities of a credit or debit card or theft charge, do not hesitate to contact Hirsch Law Group for a consultation. It’s essential to understand the implications of your charges and to secure the services of a defense attorney experienced in these matters. Let us help you navigate your legal challenges with the assertiveness, reassurance, and empathy you deserve.

  • Experienced Legal Representation: Our approach to defending credit card theft allegations involves comprehensive investigation, meticulous evidence review, and developing robust strategies ideal for your situation.

  • Strategy Development: We prioritize understanding every facet of your case, allowing us to tailor a defense that aligns with your unique circumstances.

Remember, facing credit report card theft charges does not mean the end of the road. With knowledgeable and skilled legal counsel, you can confront these allegations head-on. Trust in our team to stand by your side throughout this challenging time.