What are the elements of credit card fraud?

If authorities charged you with credit card fraud, it means the prosecution suspects that you took someone's credit card information in order to steal money from it or to make unlawful purchases.

A credit card fraud charge, however, is just an accusation. It's not a conviction. Just because the prosecution says you committed credit card fraud does not mean that the court will find you guilty.

The factual circumstances required for a credit card fraud conviction

The prosecution must prove one of the following facts for your credit card fraud conviction to stick:

  • You fraudulently obtained, signed for, used, sold, bought, took or falsified another party's credit card information.
  • You fraudulently used your credit card knowing that it was expired or that it didn't have enough money available to pay for specific purchases.
  • You fraudulently agreed to sell something to someone even though you knew that the credit card the purchaser used was unauthorized or obtained in an illegal manner.

The different kinds of credit card fraud

There are different ways that the above examples of credit card fraud could happen, including:

  • Fraud spree: When someone makes unauthorized charges on an account that already exists.
  • Identity assumption: When someone falsely uses another individual's identity over a long period of time.
  • Identity theft: When someone uses another individual's identification to carry out credit card fraud.

Were you accused of credit card fraud or identity theft?

The severity of credit card fraud charges may relate to the amount of money that the prosecution accuses you of stealing. The more money the fraud involves, the more severe the penalties and potential for jail time.

It's important to note that if you're facing criminal charges related to credit card fraud or identity theft, government authorities are doing everything they can to build a paper trail of evidence and proof that they will use to convict you. For this reason, you will want to take the organization of your criminal defense seriously and consider all legal strategies available to protect your rights.

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