Credit Card Fraud
In the last twenty years, credit cards have surged in usage. Citizens of all social classes and backgrounds use credit cards in times when they’re tight on cash or without another means to pay. Unfortunately, since you can apply for credit cards it’s caused an influx of cases related to credit card frauds ranging from stolen cards to utilizing another’s credit card without consent.
If you or someone you know has been charged with credit card fraud, you must have legal representation ready. The penalties for credit card fraud are felony-level, which means you could spend time in prison. There’s no time to be idle when it comes to your freedom. Secure trusted legal counsel for your case today.
Defense Attorney for Credit Card Fraud in West Des Moines, IA
Using a stolen, revoked, or unauthorized credit card comes with consequences. If you’re charged and convicted, you could be looking at years in prison. Fight back and protect your rights by calling the financial crimes attorneys at McCarthy & Hamrock, P.C.. Our firm has represented numerous people charged with fraudulent crimes such as credit card fraud.
Set up your first consultation by calling (515) 279-9700. During your appointment, we can set up your defense plan and discuss the next best thing for you to do next. You can visit our offices in West Des Moines, but we practice throughout the greater Polk County and Dallas County area including Altoona, Waukee, Perry, and Miniburn.
Overview of Credit Card Fraud in Iowa
- What Does Iowa Consider to be Credit Card Fraud?
- Penalties for Committing Credit Card Fraud
- Additional Resources
What Does Iowa Consider to be Credit Card Fraud?
Being dishonest or deceptive when using a credit card can lead to criminal charges. Under the Iowa Code, the crime of credit card fraud can be located under Section 715A.6. To be charged with credit card fraud, you must have done one of the following actions:
- Used a stolen or forged credit card;
- Used a credit card that had been revoked or cancelled; or
- For any other reason the use of the credit card by you was unauthorized
It is an affirmative defense to the prosecution that if you were given the card and had the intent and ability to meet all the obligations to the issuer arising out of the use of the card, then you won’t be charged with a crime.
It’s important to note that the court determines the value of the property or services obtained by the credit card. When the court calculates the value they tend to pick the highest value of the property or services stolen and can use either the market value, actual value or replacement value as a reference.
Penalties for Committing Credit Card Fraud
In Iowa, credit card fraud penalties are determined by the amount of property or cash stolen. If the value of the property or services secured through the credit card is $1,500 or less, then it’s an aggravated misdemeanor. The penalties for an aggravated misdemeanor include:
- A fine between $625 and $6,250; and
- A jail sentence of up to two years
However, if the property or services stolen by the usage of the card is more than $1,500 and less than $10,000, then you should expect a class D felony. The consequences for a class D felony under the Iowa Code includes:
- A fine between $750 and $7,500; and
- A prison sentence of up to five years
If you bought more than $10,000 worth of property or secured cash from credit card fraud, then you will be charged with a class C felony. The penalties for a class C felony include:
- A fine between $1,000 and $10,000; and
- A prison sentence of up to 10 years
Additional Resources
Identity Theft – Visit the official site for the Iowa Department of Justice Office of the Attorney general, Tom Miller. Access the site to find more information on identity theft, credit fraud, credit card fraud and resources on how to not become a victim or stop the imposter.
Iowa’s Laws on Credit Card Fraud – Visit the official website for the Iowa Code to learn more regarding the fraudulent use of credit cards. Access the site to learn more about the penalties, and elements of the crime and use the Iowa Code to find other related crimes.
Credit Card Fraud Lawyer in Dallas County, IA
If you or someone you know has been arrested or accused of credit card fraud, it’s time you take a step back and get some legal help. The penalties surrounding credit card fraud are nothing to take lightly and legal counsel may be the only way to fight back. For an experienced and skilled attorney, our suggestion is to go with McCarthy & Hamrock, P.C..
McCarthy & Hamrock, P.C. is a reputable firm with attorneys who collectively have decades of experience representing people from fraud. Get started with your defense today by calling (515) 279-9700. We accept clients throughout the greater Polk County and Dallas County area in Iowa.