Dallas Credit Card Fraud Lawyer

Credit card fraud is a serious offense under Texas law. If you are found guilty of using another person’s debit or credit card without their consent – even if the card belongs to a family member – you could face a misdemeanor or felony conviction. In turn, you could go to prison, face hefty fines and costs, and be required to pay restitution. A conviction can also impact your current and future education and career opportunities.

If you have been charged with credit card fraud, you should not wait to get help from an experienced Dallas white-collar crime lawyer. At Broden & Mickelsen, LLP we bring more than 60 years of combined criminal defense experience in state and federal courts to your case. We can protect your rights at every stage, work with you to develop an effective defense strategy, and aggressively pursue the best possible outcome.

To learn more, call or reach us online today at Broden & Mickelsen, LLP, and receive a free and confidential consultation about your case.

How Texas Defines Credit Card Fraud

Texas Penal Code § 32.31, defines credit card fraud and sets out the penalties a person will face if convicted. The law applies to credit cards, debit cards, and any other “identification card, plate, coupon, book, number, or any other device” that allows a person to obtain property or services on credit or to withdraw funds from a bank account by using, for instance, an ATM.

Generally, a person commits the offense of credit card fraud in Texas if, “with intent to obtain a benefit fraudulently,” the person presents or uses a credit or debit card with knowledge that:

The card has expired, or it has been revoked or canceled; or
Regardless of whether the card has expired, it was not issued to the person, and the person is using it without the cardholder’s effective consent.

It does not matter if the cardholder is someone the person knows, like a friend, family member, or even an employer. For instance, a person may provide care for an elderly relative, which necessarily involves using the relative’s credit card or debit card to buy things like food or medicine. If the person uses the card to make purchases outside the scope of what is permitted – for instance, they use the card to treat themselves to a fancy dinner – then it could lead to a fraud charge.

Common Types of Credit Card Fraud

Texas Penal Code § 32.31 provides for many types of credit card fraud in addition to what is described above. A person can also be charged with the offense in Dallas based on allegations that they:

Used a fake credit card or debit card, or the pretended number or description of a fictitious card, with the intent to obtain a benefit
Received a benefit the person knew was obtained through credit card fraud
Stole a credit card or debit card or, with the knowledge that it had been stolen, received a credit card or debit card with intent to use, sell, or transfer it to a person other than the issuer or the cardholder
Bought a credit card or debit card from a person whom the person knew was not the issuer
Used or induced the cardholder to use the cardholder’s credit card or debit card to obtain property or service for the actor’s benefit for which the cardholder was financially unable to pay
Possessed the credit card or debit card with intent to use it despite not being the cardholder and lacking the cardholder’s effective consent.
Possessed two or more incomplete credit card or debit cards that were not issued to the person, with the intent to complete them without the issuer’s consent.
Being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, but then failing to furnish the goods or services that were represented in writing to the issuer to have been furnished

If you have been charged with credit card fraud, get help from an experienced Dallas credit card fraud defense attorney from Broden & Mickelson, LLP today. Our team has the knowledge, tools, and experience you need to help with your case.

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Understanding Credit Card Fraud Punishment

Credit card fraud in Texas is a state jail felony. So, if a person is convicted of the offense, they face imprisonment in a state facility for 180 days to two years. A conviction can also carry a fine of up to $10,000. In most cases, a person also may be required to pay restitution to the victim.

If the crime was committed against an elderly person, it is elevated to a third-degree felony, which is punishable by imprisonment for a minimum of two years up to 10 years, a fine of up to $10,000, and other costs.

Those are just the legal consequences. A conviction for credit card fraud could affect many other aspects of your life. A person with a fraud conviction on their record may be at risk of losing a professional license, or the person may lose his or her job and find it difficult to secure a new one.

Due to these potential consequences of a credit card fraud conviction, you should not wait to seek experienced legal representation. You want a knowledgeable advocate in your corner who will know how to identify problems in the government’s case against you and, above all, will be committed to vigorously protecting your rights.

Common Defenses to Credit Card Fraud

At Broden & Mickelsen, LLP, we will explore all possible defenses in your credit card fraud case, which may include:

Lack of knowledge – An essential element the government must prove is that you knowingly used the financial card in a wrongful way. For instance, based on the circumstances, you may have had no reason to believe that you used a fake credit card if you obtained it from what reasonably seemed to be a valid issuer.
Consent – If the charge hinges on proof that you used the card without the cardholder’s permission, you may be able to show that a reasonable person in your position would have believed they did have consent to use it.
Duress – If you were forced by violence or threat of violence to make a fraudulent transaction, it could show that you did not intend to violate the law.

In some cases, an effective defense strategy can involve challenging how the government obtained evidence against a person. For instance, investigators may have violated your constitutional rights when they seized documents from your desk or information from your computer. When you work with Broden & Mickelsen, LLP, we will leave no stone unturned in our investigation into the charges you face. We will consider every possible angle in your defense.

How a Dallas Credit Card Fraud Defense Lawyer Can Help You

At Broden & Mickelsen, LLP, we are lawyers who are board-certified in criminal law and criminal appellate law by the Texas Board of Legal Specialization. We take on tough cases, including accusations of fraudulent financial card transactions. When you work with us, you can count on us to:

Give a full, frank assessment of your case. We can review the nature of the charges against you and discuss the strength of the government’s evidence, your possible defenses, and the plea options a prosecutor has or likely will present to you.
Conduct a thorough investigation. The government’s evidence needs to be put to the test. We will take a hard look at every allegation and the evidence that the government will try to use to support the allegations.
Vigorously defend you. Whether we fight for you in court or negotiate with prosecutors, your rights and interests will be our top priority. Our goal will be to protect you and your future.
Making communication with you our top priority. We will answer your questions as promptly as possible and give you updates at every stage in your case. When facing a credit card or debit card fraud charge in Texas, you should never be left in the dark about what your defense lawyers are doing to help you.

Get Help from an Experienced Dallas Credit Card Fraud Lawyer

If you face credit card or debit card fraud charges in Dallas, get legal help as soon as possible. Prosecutors take these financial crimes seriously. You need to be prepared to fight the charges. Contact Broden & Mickelsen, LLP today, and learn more about how we can help you in a free and confidential consultation.

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