Lexington Credit Card Fraud Defense Attorney
Have you been charged with credit card fraud?
The first thing you need to do after you’ve been arrested for credit card fraud, is to call a Cooley, Iuliano, Robey PLLC fraud attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.
Our skilled credit card fraud defense attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they pursue their credit card fraud case against you. Our credit card fraud law firm and credit card fraud attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.
What is credit card fraud?
The crime of credit and debit card fraud is a type of identity theft, when someone in an unlawful manner uses the personal information of another person, without that person’s consent or authorization, in order to buy something or steal money.
Both credit cards and debit cards are financial instruments issued by banks, financial institutions, or other similar organizations that allow the cardholders to have access to money, goods, and services. These involve several individuals when being used and issued, and any of these participants in the transaction can be charged with credit card fraud in many ways.
A merchant for example can be charged with credit card fraud by falsifying records about products or services that were bought by a credit card. Most credit card fraud is carried out by cardholders and other third-parties, like thieves stealing credit card information or the cards themselves. Falsifying a signature when using someone else’s credit card is also a crime. A cardholder commits credit card fraud when intentionally lying about their identity or financial information in order to obtain a credit card from a bank or another issuer.
In Kentucky, there’s the charge of fraudulent use, fraud by authorized persons or organizations, use of scanning devices or reencoder to obtain payment card information.
The penalties for any of these crimes can range from Class A misdemeanors, which are mostly fines, and maybe some days in county jail, to Class C felony convictions for repeat offenders, which can lead to even 10 years in prison.
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If you are being accused of a credit card fraud crime, finding experienced professionals like Lexington KY criminal defense attorney or a credit card fraud lawyer immediately after your arrest is where you should start in taking control of your future.
Types of credit card fraud Charges in Kentucky Revised Statutes
White collar crimes in Kentucky are non-violent offenses that involve fiscal matters such as fraud, money laundering, tax evasion, insider trading, identity theft and others, normally carried out by people in business or government. Being accused of a white collar crime is enough to ruin your reputation and your livelihood, which is why you would want a white collar crime lawyer or credit card fraud lawyer as soon as you’re accused.
Credit or Debit Card Crimes (§§ 434.550 — 434.730)
A person, business organization, or financial institution who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a credit or debit card by a cardholder, or any agent or employee of such person, business organization, or financial institution, who, with intent to defraud the issuer, a participating party, the cardholder, or any other person, furnishes money, goods, or services or anything else of value upon presentation of a credit or debit card obtained or retained in violation of KRS 434.570 to 434.650, or any of such sections, or a credit or debit card which he knows is forged, expired, or revoked is guilty of a Class A misdemeanor, if the value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is less than five hundred dollars ($500), a Class D felony if such value is five hundred dollars ($500) or more but is less than ten thousand dollars ($10,000), or a Class C felony if such value is ten thousand dollars ($10,000) or more.
If you or someone you care about has been charged with a credit card fraud charge in Kentucky, contact our reputable criminal defense lawyers or credit card fraud lawyers as soon as possible by calling 859-636-6803.
(1) A person who, with intent to defraud the issuer, a participating party, a person, or organization providing money, goods, services, or anything else of value, or any other person:
(a) Uses for the purpose of obtaining money, goods, services, or anything else of value a credit or debit card obtained or retained in violation of KRS 434.570 to 434.650, or any of such sections, or a credit or debit card which he knows is forged, expired, or revoked; or
(b) Obtains money, goods, services, or anything else of value by representing without consent of the cardholder that he is the holder of a specified card or by representing that he is the holder of a card and such card has not in fact been issued; or
(c) Uses a credit or debit card obtained or retained in violation of KRS 434.570 to 434.650, or any of such sections, or a credit or debit card which he knows is forged, expired, or revoked, as authority or identification to cash or attempts to cash or otherwise negotiate or transfer a check or other order for payment of money, whether or not negotiable, if said negotiation or transfer or attempt to negotiate or transfer would constitute a crime under KRS 514.040 or 516.030; or
(d) Deposits into his account or any account, via an automated banking device, a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document not his lawful or legal property, is guilty of a Class A misdemeanor, if the value of all money, goods, services, or other things of value obtained in violation of this section over a six (6) month period is less than five hundred dollars ($500), a Class D felony if such value is five hundred dollars ($500) or more but is less than ten thousand dollars ($10,000), or a Class C felony if such value is ten thousand dollars ($10,000) or more.
(2) A person who receives money, goods, services, or anything else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document having been deposited into an account via an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document so deposited was false, fictitious, forged, altered, or counterfeit or that the above described deposited item was not his lawful or legal property, violates this subsection and is subject to the penalties set forth in subsection (1) of this section.
(3) Knowledge of revocation shall be presumed to have been received by a cardholder four (4) days after it has been mailed to him at the address set forth on the credit or debit card or at his last known address by registered or certified mail, return receipt requested, and, if the address is more than five hundred (500) miles from the place of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be presumed to have been received ten (10) days after mailing by registered or certified mail.
If you or someone you care about has been charged with a credit card fraud charge in Kentucky, contact our reputable criminal defense lawyers or credit card fraud lawyers as soon as possible by calling 859-636-6803.
(1) No person shall use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.
(2) No person shall use a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.
If you or someone you care about has been charged with a credit card fraud charge in Kentucky, contact our reputable criminal defense lawyers or credit card fraud lawyers as soon as possible by calling 859-636-6803.
(1) A person who has violated KRS 434.590 shall be guilty of a Class A misdemeanor.
(2) A person who has violated KRS 434.600 shall be guilty of a Class D felony.
(3) A person who has violated the provisions of KRS 434.675(1) shall be guilty of a Class D felony for the first offense and a Class C felony for each subsequent offense.
(4) A person who has violated the provisions of KRS 434.675(2) shall be guilty of a Class D felony for the first offense and a Class C felony for each subsequent offense.
If you or someone you care about has been charged with a credit card fraud charge in Kentucky, contact our reputable criminal defense lawyers or credit card fraud lawyers as soon as possible by calling 859-636-6803.
Penalties in Credit Card Fraud Cases
Penalties for credit card fraud crimes could range from very expensive fines to long prison sentences. Even if the most common punishment is time in minimum-security prisons, there’s no reason it can be something even harsher, especially if substantial amounts of money are involved. White collar crimes like tax fraud, credit card fraud, insider trading and fraud against the government are harshly punished and sometimes even handed over to federal prosecutors. For credit card fraud charges, depending on their seriousness, and whether the crime is classified as a misdemeanor or a felony is detailed in their individual statutes in Kentucky Revised Statutes.
Take credit card fraud offenses and allegations seriously and get professional legal representation in an expert local credit card fraud lawyer as soon as possible to see the content of your case.
Misdemeanor
In general, a misdemeanor is a crime punishable by less than a year in prison, and sometimes there are only heavy fines involved, probation, or other sentences less harsh than with felonies. The consequences for someone guilty of a credit card fraud crime punishable by a misdemeanor are;
- Class A misdemeanors – 90 days to 12 months jail time, including a monetary fine that can cost up to 500 dollars , and
- Class B misdemeanors – up to 90 days jail time, including a monetary fine up to 250 dollars
Nonetheless, they are a stain on your permanent record and can change your life for the worse, which is why you need the best credit card fraud attorney you can get. A competent credit card fraud defense attorney can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.
Felony
A felony is the most serious type of crime, and hence, they offer the most serious punishments, with years in prison. They are divided (like misdemeanors as well) into classes. The imprisonment terms for each class of this offense are;
- Class A – 20 to 50 years, or even life imprisonment,
- Class B – 10 to 20 years,
- Class C – 5 to 10 years, and
- Class D – 1 to 5 years
All serious crimes, except murders (they have their own punishments), are classified as felonies.
It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, it is advised for you to share this information with your credit card fraud defense lawyer at the earliest.
A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).).
It’s difficult facing offenses as serious as this alone, especially since these have long-lasting consequences on a person’s life once convicted. Which is why hiring expert credit card fraud defense attorneys with adept insights and resources are essential. It’s also good advice to hire credit card fraud lawyers who pay close attention to create a great working attorney client relationship with the people and cases they take on. Experienced credit card fraud attorneys will know what to expect including with the best way to protect your rights, or avoid a conviction altogether.
Federal
In the US, more than other crimes, white collar offenses are usually prosecuted by federal authorities. The FBI is responsible for processing those accused of federal white collar crimes. Federal white collar charges result when they transpire on or against federal property and institutions, but they are mostly a federal offense because they normally involve financial institutions and businesses across several states. Some of these offenses include, but are not limited to, money laundering, tax evasion, election law violations, embezzlement, and several types of fraud, like mortgage, bank, health care, mass marketing, securities, and commodities, and corporate fraud. People in business or government are the vast majority of those arrested for white collar crimes. These are not victimless crimes.There can be billions of dollars at stake, along with the livelihoods of thousands of people. The penalties for white -collar crimes can range from a simple fine to jail time of a few years. The punishment will depend on the extent of the money involved, people affected, and even the social implications of your crime. You will immediately need a federal credit card fraud lawyer if you are facing credit card fraud charges in Kentucky or anywhere else.
You need an experienced criminal defense lawyer that specializes in credit card fraud defense
All of our criminal credit card fraud attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of credit card fraud charges and credit card fraud defenses or other practice areas. We value the best interest of every client, above all, and with our insights about law, we can create new defense opportunities in your case, no matter how minor. When it comes to credit card fraud crimes, you need credit card fraud attorneys who will fight for your constitutional rights, and start by doing an evaluation of every evidence and detail of your case, no matter how inconsequential they may be. We will then create the best defenses in your trial and strive to avoid the harshest sentence or any penalties at all.
Free Consultation & Case Review from our experienced credit card fraud lawyers
At CIR Legal, our credit card fraud attorney’s credit card fraud defense services include offering free consultation and case review to potential clients or otherwise. Our credit card fraud attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense. Call our law office at 859-636-6803 or fill out our form for a free consultation, be it pm or am.
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