Credit card fraud carries significant penalties in South Carolina. Please continue reading to understand the potential consequences, available defenses, and the critical importance of consulting an experienced Chesterfield Criminal Defense Lawyer for guidance.
What Constitutes Credit Card Fraud in South Carolina?
In South Carolina, credit card fraud is defined as the unauthorized use of a credit card or credit card information. This covers various activities intended to illegally obtain goods, services, or money. Examples of such fraudulent behavior include:
- Finding or stealing a credit card and using it
- Using a device to steal credit card information from the magnetic stripe
- Using a stolen credit card number to make online purchases
- Acquiring a credit card from an unofficial source
- Creating a counterfeit credit card
- Providing false information to obtain a credit card
- A merchant knowingly accepts counterfeit credit cards with the intent to defraud the card issuer
What Penalties Will I Face if I’m Convicted?
The severity of credit card fraud penalties differs considerably, contingent on the value of the fraudulent transaction and its classification as either a misdemeanor or a felony. For amounts under $1,000 in six months, it’s considered a misdemeanor offense, which is punishable by up to one year of imprisonment and a fine of up to $2,000. For amounts exceeding $1,000, it’s considered a felony offense, which is punishable by up to five years of imprisonment and a fine of up to $3,000.
If you possess or use a financial transaction card or its number without the consent of the rightful owner, with the intent to use it fraudulently, you can face a felony for financial transaction card theft, which is punishable by a fine between $3,000 and $5,000, or imprisonment of up to five years, or both consequences. It’s important to note that forgery related to financial transactions can result in felony charges, with potential penalties of up to 10 years behind bars. Financial identity fraud can result in felony charges and result in up to ten years in prison for each count. The courts can also order restitution, requiring you to repay the victim for the losses they endured.
What Defenses Can I Employ?
Effectively defending against credit card fraud charges in South Carolina necessitates a thorough grasp of both the accusations and the evidence presented by the state. The following are frequently utilized defense strategies:
- Lack of Intent to Defraud: The prosecution must prove the defendant’s intent to deceive or defraud the cardholder or issuer. If the use of the credit card was unintentional or accidental, this could be a valid defense.
- Mistaken Identity: If the defendant is wrongly accused and can prove they are not the actual perpetrator, this can be a strong defense.
- Duress or Coercion: If the defendant was forced or compelled to use the credit card against their will due to imminent threats of harm, this may be a defense against the charges.
If you are facing credit card fraud charges in South Carolina, it’s essential to connect with a qualified criminal defense attorney at The Cockrell Law Firm, P.C. Our legal team is prepared to help shield you from an uncertain future.