Credit Card or Debit Card Abuse
Credit or Debit Card Abuse cases typically stem from allegations of stealing a credit or debit card, stealing credit or debit card numbers, using someone’s credit or debit card without their permission or using someone else’s credit card or debit card numbers without their permission to make an online purchase.
Also, accepting a benefit from someone else using a stolen credit or debit card can lead to criminal charges. To fight these charges, you need a defense attorney with experience defending clients against this type of serious offense.
Austin Credit Card Abuse Defense Lawyer
As an Austin criminal defense lawyer, Kevin Bennett understands the severity of the charges that you are facing. In addition to providing skilled criminal defense, Kevin Bennett can advise clients on ways to potentially avoid a permanent criminal record for credit or debit card abuse.
Contact The Law Office of Kevin Bennett today at (512) 476-4626 to set up a free consultation. Kevin Bennett represents clients in Travis County, including Austin, Lakeway, West Lake Hills and Lago Vista.
Credit or Debit Card Abuse Information Center
- Credit card debit card abuse as defined by Texas code
- Penalties for credit and debit card abuse
- Possible defenses against credit and debit card charges
- More information on credit and debit card abuse
TEXASPENAL CODE §32.31 – Credit Card or Debit Card Abuse
Credit or Debit card abuse is defined by Texas Penal Code §32.31, which is quite lengthy, but states, in part, beginning in subsection (b) that a person commits an offense if:
- with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:
- the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or
- the card has expired or has been revoked or canceled.
The code lists out several other ways credit or debit card abuse can be committed other than just using someone else’s credit card.
In Texas, Credit card abuse or Debit Card Abuse is classified as a state jail felony which carries a punishment range of 180 days to 2 years in state jail and/or a fine of up to $10,000. Additionally, depending upon the circumstances, the credit or debit card abuse charge could be enhanced to a higher level felony.
For example, if the defendant has prior convictions or if the victim was elderly, then the charge could potentially be enhanced.
Credit and debit card charges require an element of intent, meaning, the prosecution has the burden of proving that you intentionally committed credit or debit card abuse. A possible defense against these charges is to show that you lacked the required knowledge to commit the offense.
This may include a lack of knowledge that the credit or debit was obtained in violation of Texas law or a lack of intent to perform fraudulent behavior with the card. These are just some types of defenses which may be brought on your behalf to discredit the prosecution’s case.
Texas Penal Code– Search this site for Texas’ laws on credit card and debit card fraud.
The Attorney General of Texas– This government-sponsored site provides help for victims of credit card, debit card, and overall financial exploitation.
Texas Department of Public Safety– Find advice on what to do if your identity or credit cards are stolen.
The Law Office of Kevin Bennett Travis County Credit Card and Debit Card Abuse Defense Attorney
Credit card and debit card abuse are serious offenses which can carry heavy penalties. This type of offense severely damages a person’s reputation and overall credibility. This may affect future employment opportunities, educational opportunities, and may mar your reputation in the community.
If you are facing charges related to credit or debit card abuse, you are in need of an experienced criminal defense attorney who is familiar with the complexities which accompany these types of charges. At The Law Office of Kevin Bennett, you will get the undivided attention you require during this time.
At your free consultation, you will meet with an Austin defense attorney who can explain your charges in detail and your legal options. Call (512) 476-4626 today to set up an appointment. This firm serves clients out of Travis County, Pflugerville, Bee Cave, West Campus, North Campus, South Austin, Travis Heights, and surrounding areas.