The unauthorized use of someone else’s credit card or debit card is a type of identity crime. The purpose of the crime is to fraudulently obtain goods, services or money. Oklahoma has extensive laws prohibiting certain actions that result in this type of fraud.
We will briefly outline the two categories of credit card fraud and then provide steps to take if you are facing charges of this type of crime.
Misdemeanor Theft
In Oklahoma, it is a misdemeanor to use or attempt to use a credit card that you know was not issued to you, revoked or is counterfeit. The offender’s purpose must be to either obtain credit, buy goods, receive money or transfer funds.
If the amount is $500 or under the offender can be subject up to 30 days in jail and a $500 fine. If the amount is more than $500, then the offender can be subject up to one year in jail and a $1,000 fine.
Felony Card Theft
The felony category requires the offender to have stolen, or taken by false pretenses, a credit card, and, or, the following:
- Selling a credit card known to be stolen
- Buying a credit card known to be stolen
- Receiving a credit card knowing to be stolen
- Transferring a credit card to someone that has the intent to sell, use, or transfer to someone
- Forgery of credit cards
This category is punishable by up to 3 years in jail and up to $3,000 in fines.
What to Do Next
Hire an Attorney
If it is not obvious at this point that a credit card fraud attorney is the best first step, then the rest of this article will convince you. Understanding defense techniques are something credit card fraud attorneys engage in every day. In addition, Oklahoma statutes related to credit card theft can be complex, you want a professional who can navigate the courtroom on your side.
Understand the Crime
There are many actions that fall into the category of credit card theft. If you took a credit card out of someone’s wallet or purse without their knowledge, that is different than someone giving you their credit card to purchase groceries and instead, you withdraw $500 and then sell the credit card.
Although the credit card holder may have given permission for you to use the credit, they only permitted one type of action, such as buying groceries. Whereas the first example, the offender clearly stole the credit card without the owner's knowledge.
Be able to intelligently state the facts of the case to your credit card fraud attorney, they will best be able to prove a defense, if possible, showing that you were not unauthorized to use the credit card or the owner had full knowledge of what you planned to buy with the credit card.
Be Open to Plea Bargains
For first time offends that have a great credit card fraud attorney on their side, a plea agreement can create a lesser sentence, lesser charge, community service instead of jail time or a shorter probation. Of course, this is not guaranteed, but these are real examples of the benefits that having an attorney on your side can produce.
If you are convicted, this can seriously impact your life after. It can make it hard to get a job or find a home to rent. Working with a credit card fraud attorney can ensure that negative consequences are minimized and can attest to your character to the judge. Convincing the judge that you will not offend again and that you simply require a lighter punishment is going to be one of the goals of your attorney.
Try to follow these steps:
- Consult a credit card fraud attorney
- Understand your crime and actions
- Remain open to a plea bargain
You can have a greater chance of minimizing the destruction that a conviction can cause to you and your loved ones by seeking our services. Being able to move on with your life post-conviction is very important in reducing your recidivism possibility.
NOTE: This is for informational purposes only and does not constitute legal advice.
