Are the Penalties for Credit Card Fraud Different From Regular Fraud?
New Jersey laws tend to be slightly different regarding credit card fraud. Certain actions can lead to fraud charges, even if you did not fraudulently use a credit card. Understanding what constitutes fraud, as well as the charges you could be met with, is important to understand as you navigate New Jersey’s laws.
Read more: Credit Card Fraud in NJ
What is Fraud?
Fraud is a type of white-collar crime that involves the deliberate action or intention of benefiting financially, through using deception or false means. While it might seem like credit card fraud would fall into this category, it is actually treated differently in New Jersey. Credit card fraud is a significant crime that can also lead to theft charges. Laws also include behaviors that you might not even realize were considered fraud.
Important Elements of a Fraud Case in New Jersey
It can be helpful to first understand what is needed to prove fault in New Jersey. The state requires plaintiffs with potential fraud to demonstrate the following:
- The fraudulent person made a falsified representation of facts
- The fraudulent person knew the representation was false
- The fraudulent person had the intention to be deceitful
- The victim believed the falsified information and acted on behalf of it
Additionally, the victim must have a legal outcome as a result. This could include the loss of finances or not taking an action, which could also lead to a bad financial situation.
Credit card fraud can be a civil or criminal case, depending on the details of the legal case.
Credit Card Fraud in the State of New Jersey
Credit card theft covers many things in the state of New Jersey, including:
- Making false statements on a credit card application
- Credit card information theft
- The behavior of defrauding an authorized person
- A cardholder with an intent to defraud
- Taking possession of items, knowing that they were obtained fraudulently
- Using credit cards fraudulently.
The laws in the state can be complex, depending on which law is followed. For example:
Under N.J.S.A. 2C:21-6(b)-(c):
It is important to know that New Jersey law does not actually require someone to use a credit card to be found guilty of fraud. In fact, in New Jersey, you can be charged, and convicted of credit card fraud, even if you only had the intent to commit fraud. This is true even if the intent is not successful.
Under N.J.S.A. 2C:21-6(d)-(h):
The intent is not enough. Instead, the defendant must succeed in committing fraud.
These alternative credit card fraud laws can also include other crimes, like taking or using someone’s credit card without consent, receiving a credit card that is known to be obtained with fraud, buying a credit card, or selling a credit card. It is even possible to be charged with additional crimes, depending on the details of your case.
Talk With a Fraud Defense Lawyer Today
Credit card fraud laws in New Jersey can be complicated. For this reason, it is important to discuss your options with a lawyer as soon as possible. Otherwise, you could be met with jail time, expensive fines, and a permanent criminal record. A lawyer can help you evaluate the charges. They can also help you determine what your legal options are and the best defense.
Contact an Experienced Camden County Criminal Defense Lawyer About Your Credit Card Fraud Charges in New Jersey
Were you arrested or charged with fraud in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at Gelman Law LLC have successfully represented clients charged with credit fraud in Cherry Hill, Camden County, Burlington County, Gloucester County, and throughout New Jersey. Call (856) 861-4236 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 850 Rt 70 West Cherry Hill, NJ 08002.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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