Credit Card Fraud: Four Defenses That Might Help Your Case
Generally, credit card fraud involves illegally using someone else’s information to open credit accounts or make purchases. Other acts that fall under this umbrella include using a company card to make personal purchases and gift card skimming.
In many cases, this type of fraud can be difficult to prove. To convict someone of credit card fraud, the prosecutor has to be able to prove that:
- You used, knowingly, at least one debit or credit card belonging to someone else;
- You intended to defraud with this use—meaning it was your intention to benefit yourself via deception, and;
- You received something of value using the card or cards in question.
If you are facing fraud charges involving credit cards, there are some defenses available that could help your case. The right defense for you depends on the circumstances of your situation, which is why it’s important to work with an experienced criminal lawyer in Denver, CO, as they will be able to determine which defenses might benefit your case.
In credit card fraud, the prosecution has to be able to prove that you committed the act “beyond a reasonable doubt,” which is doubt any reasonable person would be expected to have. If there is not enough evidence to do so, you are less likely to be convicted even if law enforcement has some reason to believe that you did commit credit card fraud.
Lack of criminal intention
To commit credit card fraud under the law, you have to act with the intent to deceive. For example, if you accidentally used someone else’s card, that would not be considered credit card fraud. In some situations, it might be possible to argue that you were acting in good faith, without any intention to defraud another person or business.
Entrapment is when a law enforcement officer somehow compels another person to commit a crime they would not have committed otherwise. However, simply giving a person an opportunity to commit a crime does not equal entrapment. Your criminal lawyer in Denver, CO will be able to evaluate whether the specifics in your case may constitute entrapment.
In some situations, a person may reasonably believe that they had authorization from the cardholder to use that card, such as the use of a card of a family member or employer’s corporate card. If you truly believe that you were, in fact, allowed to use this card, it can become a part of your defense strategy.
Any of the defenses listed above may or may not help your case. In reality, your best defense could be something else entirely, and this is exactly why it is so important to work with a lawyer in Denver, CO, you have confidence in and can trust. A credit card fraud conviction will leave you with a criminal record and could involve fines and jail time, so you can’t afford to try to handle it alone with these types of potential consequences on the line.
Thank you to the experts at Richard J. Banta, PC, for their insight into credit card fraud and the law.