Are you facing charges for credit card fraud in Philadelphia? These charges can have serious consequences like steep fines, jail time, and a permanent criminal record. Fortunately, a strong defense can make a significant difference in the outcome of your case.
Brian Zeiger of The Zeiger Firm is a reputable criminal attorney in Philadelphia. He understands the challenges you are facing. Whether you need someone to negotiate with prosecutors or represent you in court, we are here to offer the guidance and legal representation you need.
Contact The Zeiger Firm today to arrange your free, confidential consultation session with a credit card fraud lawyer.
How Can a Philadelphia Criminal Defense Lawyer Help Me If I’m Facing Credit Card Fraud Charges?
A Philadelphia defense attorney from The Zeiger Firm can provide critical support if you are facing credit card fraud charges. First, a credit card fraud attorney can examine the details of your case to identify weaknesses in the prosecution’s evidence. For example, we could challenge claims that you knowingly used a counterfeit or unauthorized access device, potentially leading to reduced charges or a dismissal.
A credit card theft lawyer can also explain your legal options and recommend the ideal strategy for your defense. We will work to achieve the most favorable outcome for you, whether that means negotiating a plea deal or preparing for trial. If you qualify for a legal defense under Pennsylvania law, such as proving a lack of knowledge, our Philadelphia criminal attorney can present evidence to support your case.
As an experienced credit card fraud criminal defense lawyer, Brian Zeiger can also represent you in court, cross-examining witnesses, presenting evidence, and arguing on your behalf. Our goal is to protect your rights at every stage of the legal process, demand fair treatment under the law, and minimize the impact of these charges on your future.
What Is Credit Card Fraud?
Credit card or “access device” fraud occurs when someone uses or possesses a credit card, debit card, or similar tool improperly to obtain goods, services, money, or other items of value. Pennsylvania law defines several specific actions that qualify as access device fraud. A person commits this offense if they knowingly use an access device under certain unlawful conditions, which include:
- Counterfeit, Altered, or Incomplete Device Use – Using a card or device that is fake, altered, or incomplete in some required way constitutes fraud if the user knows about the issue.
- Unauthorized Use – Knowingly using someone else’s credit card without permission is illegal.
- Use of Revoked or Canceled Devices – If a person uses a card or device after the issuer cancels or revokes it, that use qualifies as fraud. Pennsylvania law assumes that the cardholder knows about a cancellation if the issuer sends notice by mail at least seven days before the use.
- Any Other Unauthorized Use – It is unlawful to knowingly use an access device without the issuer’s or cardholder’s approval.
A counterfeit device is any tool that a financial institution or business did not issue through normal processes. An altered device is one that someone changes after its original issuance. An incomplete device is one that lacks the information necessary for proper use. Access devices include cards, account numbers, PINs, and other tools used alone or with other devices to gain access to money, goods, services, or anything of value.
Beyond improperly using an access device, Pennsylvania law also criminalizes:
- Producing or Transferring Counterfeit Devices – Making, selling, or transferring counterfeit, altered, or unauthorized devices is a crime if the person knows the devices are illegal.
- Possessing Illegal Devices – Simply possessing a counterfeit, altered, or unauthorized access device is enough to qualify as access device fraud. If someone has two or more counterfeit, altered, or incomplete devices, the law assumes they know the devices are illegal.
- Publishing or Sharing Information About Access Devices – This includes sharing access device details through conversations, advertisements, or electronic communications like text messages or emails if the person knows the devices are illegal.
Penalties for Access Device Fraud
In Pennsylvania, the penalties for access device fraud depend on the specific actions involved and the value of any property or services connected to the offense.
Using an Access Device to Obtain Property or Services
The severity of the penalty for credit card theft depends on the value of the property or services the defendant allegedly obtained or attempted to obtain:
- Third-Degree Felony – If the value of the items or services is $500 or more, the offense is a felony of the third degree. Penalties include up to seven years in prison and up to $15,000 in fines.
- First-Degree Misdemeanor – If the value is between $50 and $500, the offense is a misdemeanor of the first degree. A conviction can lead to up to five years in prison and up to $10,000 in fines.
- Second-Degree Misdemeanor – If the value is less than $50, the offense is a misdemeanor of the second degree. A conviction can result in up to two years in prison and up to $5,000 in fines.
If someone engages in a scheme involving multiple access devices, courts combine the total value of all fraudulently obtained goods or services in credit card fraud sentencing. For example, if someone uses several devices to obtain $600 worth of items, the offense would be a third-degree felony.
Producing, Selling, or Transferring Counterfeit or Unauthorized Access Devices
If a person makes, sells, gives, or advertises counterfeit, altered, or unauthorized access devices, the law treats this as a third-degree felony. A conviction carries a maximum prison sentence of seven years and a fine of up to $15,000.
Possessing Illegal Access Devices
Possession of a counterfeit, altered, or unauthorized access device constitutes a third-degree misdemeanor. A conviction for this offense can lead to a maximum sentence of one year in prison and a fine of up to $2,500.
Contact Our Philly Criminal Defense Attorney for a Free Legal Consultation
If you need criminal lawyers in Philadelphia, look no further than Brian Zeiger. We’re here to help you explore your options and build a strong defense tailored to your unique situation. Your future is too important to leave to chance.
Contact The Zeiger Firm now to get started with your free consultation with a Philadelphia criminal defense lawyer.
