Dallas Credit Card Fraud Attorneys

credit card fraud

Credit card fraud is a serious offense under Texas law. If you are found guilty of using another person’s debit or credit card without their consent – even if the card belongs to a family member – you could face a misdemeanor or felony conviction. In turn, you could go to prison, face hefty fines and costs, and be required to pay restitution. A conviction can also impact your current and future education and career opportunities.

If you have been charged with credit card fraud, you should not wait to get help from an experienced Dallas credit card fraud defense lawyer. At Broden & Mickelsen, LLP we bring more than 60 years of combined criminal defense experience in state and federal courts to your case. We can protect your rights at every stage, work with you to develop an effective defense strategy, and aggressively pursue the best possible outcome.

To learn more, call or reach us online today at Broden & Mickelsen, LLP and receive a free and confidential consultation about your case.

How Texas Defines Credit Card Fraud

Texas Penal Code § 32.31, defines credit card fraud and sets out the penalties a person will face if convicted. The law applies to credit cards, debit cards, and any other “identification card, plate, coupon, book, number, or any other device” which allows a person to obtain property or services on credit or to withdraw funds from a bank account by using, for instance, an ATM.

Generally, a person commits the offense of credit card fraud in Texas if, “with intent to obtain a benefit fraudulently,” the person presents or uses a credit or debit card with knowledge that:

  • The card has expired, or it has been revoked or canceled; or
  • Regardless of whether the card has expired, it was not issued to the person, and the person is using it without the cardholder’s effective consent.

It does not matter if the cardholder is someone the person knows, like a friend, family member, or even an employer. For instance, a person may provide care for an elderly relative, which necessarily involves using the relative’s credit card or debit card to buy things like food or medicine. If the person uses the card to make purchases outside the scope of what is permitted – for instance, they use the card to treat themselves to a fancy dinner – then it could lead to a fraud charge.

Common Types of Credit Card Fraud

Texas Penal Code § 32.31 provides for many types of credit card fraud in addition to what is described above. A person can also be charged with the offense in Dallas based on allegations that they:

  • Used a fake credit card or debit card, or the pretended number or description of a fictitious card, with the intent to obtain a benefit
  • Received a benefit the person knew was obtained through credit card fraud
  • Stole a credit card or debit card or, with the knowledge that it had been stolen, received a credit card or debit card with intent to use, sell, or transfer it to a person other than the issuer or the cardholder
  • Bought a credit card or debit card from a person whom the person knew was not the issuer
  • Used or induced the cardholder to use the cardholder’s credit card or debit card to obtain property or service for the actor’s benefit for which the cardholder was financially unable to pay
  • Possessed the credit card or debit card with intent to use it despite not being the cardholder and lacking the cardholder’s effective consent.
  • Possessed two or more incomplete credit card or debit cards that were not issued to the person, with the intent to complete them without the issuer’s consent.
  • Being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, but then failing to furnish the goods or services that were represented in writing to the issuer to have been furnished