At Lotze Mosley, LLP, our experienced fraud defense attorneys in Washington D.C. and Maryland often tell our clients that as the instances of fraud increase throughout the country, prosecutors take these charges very seriously, which means they may seek penalties for a conviction that are incredibly harsh.
The only way to effectively counter these charges is to speak with an experienced criminal defense attorney who will outline your charges and provide a clear defense for your unique needs, so you know you are pursuing the best outcome.
First, that requires our clients to understand the penalties for credit card fraud, so you know which defense strategy is right for you.
How Does the Prosecutor Determine Credit Card Fraud Charges?
The first thing to determine is whether your credit card fraud charges are being pursued at a state or federal level.
First, if you fraudulently used a credit card online, and crossed the state jurisdiction, federal charges may apply.
Federal charges may also apply if you used an electronic method, like a skimmer or another counterfeit access device, to obtain the credit card information.
If you used a credit card to assume another person’s identity, the charges may increase to include identity theft, which is a serious crime in Washington D.C. and Maryland.
Overall, the consequences an individual may face depends on the circumstances of their unique situation.
That may include the person’s criminal history and the total amount of money including in the fraud.
At Lotze Mosley, our skilled Washington D.C. and Maryland fraud defense attorneys can help you understand the charges the prosecutor’s office is pursuing, and how we plan to defend against them.
How Can My Attorney Defend Me Against Credit Card Fraud Charges?
The types of criminal defenses available to you will depend on the circumstances of your fraud case, as well as which crime(s) you have been charged with.
Some of the possible defenses — although not an exhaustive list — that may be applicable in your case, could include:
- The charges were a mistake.
There are times when someone is charged with a crime they did not commit. This is true for credit card fraud, too.
If law enforcement investigated a fraud allegation that led back to you, they may have the wrong person. We can help prove that is true.
- There is a lack of intent to commit fraud.
The prosecutor must prove that the person charged with credit card fraud had the intent to commit fraud.
There may be a lack of intent when an employee was under the impression their employer gave them permission to use a company card for purchases, only to find out that was not true.
Another instance may be when there is miscommunication between two people, with one person believing the other was okay with them using their credit card.
- The cardholder consented to its use.
If the accused had permission to have the card but made an unwise purchase, that may not rise to the level of a crime.
- There is insufficient evidence that fraud occurred.
The prosecutor must prove beyond a reasonable doubt that our client engaged in credit card fraud. If they cannot meet that burden of proof, they do not have a case.
Credit card fraud has many grey areas that require the help of an experienced attorney to help sort out the details, and counter the prosecution’s charges, so you are not left with a fraud charge on your record.
If you have been charged fraud, contact our experienced criminal defense attorneys in Washington D.C. and Maryland at Lotze Mosley, LLP to determine the best course of action for your unique case by calling (202) 393-0535 today.