Ohio Credit Card Fraud Defense Lawyers
In Ohio, the criminal offense commonly known as “credit card fraud” is referred to as misuse of credit cards. This crime prohibits anybody from deceiving others for the purpose of seeking a credit card if the credit card is issued in reliance upon deceptive or false information. It also prohibits knowingly buying or selling a credit card from anyone other than the official issuer. Public servants are also prohibited from knowingly misusing credit cards held by subdivisions of the state government, local governments, or any other political subdivision.
If an individual is trying to commit fraud, they can be convicted of this crime if they obtain control over a credit card to use as security for a debt or possess a credit card with intent to commit fraud. They may be additionally convicted of this crime if they engage in any of the following circumstances, which are subject to special sentencing measures:
- Use a credit card to obtain property or services if they know or should reasonably know that the card has expired, been revoked, or is otherwise being utilized in violation of the law.
- Furnish services or property after being presented with a credit card as payment, if they know that the card is being used unlawfully.
- Make knowingly false representations to the issuer of a credit card about property or services that have been furnished.
Ohio Credit Card Fraud Lawyer
If you have been arrested for credit card fraud, you’ll want to get in contact with an experienced criminal defense lawyer as soon as possible. Brian Joslyn at Joslyn Law Firm is skilled in handling white collar crimes in the State of Ohio. He can provide a unique perspective and close, personal attention to your case.
To schedule your first consultation, call (614) 444-1900 today. If you live in Pickaway County, Madison County, Delaware County, Licking County and Fairfield County, Mr. Joslyn will make every effort to fight the allegations against you and have your charges reduced or even dismissed.
- Penalties for Credit Card Fraud
- Statute Of Limitations
- Defenses for Credit Card Fraud
- Additional Resources
Penalties for Credit Card Fraud
With a few notable exceptions, the crime of misuse of credit cards is graded as a misdemeanor of the first degree. This offense is punishable in Ohio by a jail sentence of no more than 180 days and a fine of no more than $1,000.
However, misuse of credit cards is graded as a felony in the fifth degree, fourth degree, or third-degree if the offenses outlined in the bullet points noted above occur and the following criteria are met:
- The violation involves one or more credit cards within a period of 90 consecutive days and a total retail value of goods and services of a minimum of $1000 but is less than $7500 – the offense is graded as a felony of the fifth degree.
- The violation involves one or more credit cards within a period of 90 consecutive days and a total retail value of goods and services of a minimum of $7500 but is less than $150,000 – the offense is graded as a felony of the fourth degree.
- The violation involves one or more credit cards within a period of 90 consecutive days and a total retail value of goods and services of $150,000 or more– the offense is graded as a felony of the third degree.
Additionally, the offense of misuse of credit cards is graded as a felony if the victim of the fraud is either an older adult, an adult with a disability, and certain other criteria are met. In such cases, not only will the felony penalties apply, the offender will be required to pay the victim full restitution and will be required to pay the state a fine of up to $50,000. The fine paid to the state will be used to fund reporting and investigation efforts concerning the abuse, neglect, and exploitation of older Ohioans.
Statute Of Limitations
The statute of limitations for a misuse of credit card offense is two years. If prosecutors attempt to file new charges against an alleged offender more than two years from the date upon which the alleged infraction (or last in a series of infractions) occurred, their charges will be dismissed as a result of this statute of limitations violation.
Defenses for Credit Card Fraud
Common defenses to misuse of credit card charges commonly involve a lack of knowledge that what was occurring was illegal. For example, someone’s significant other could be under a reasonable impression that the owner of a credit card had given them permission to use the credit card only to be wrongfully accused of fraud after a bad breakup. Other common defenses pose that an individual had to misuse credit cards to serve some greater purpose, such as saving loved ones from the threat of violence.
Additionally, defenses that can prove that the individual who was charged with the offense was not the individual who actually committed the fraud can be compelling. Many individuals who misuse credit cards are skilled in hiding their identities and may be skilled in transferring the blame from themselves to an innocent person.
CFPB Fraud and Scams Guide – When someone’s identity is stolen, and they are pegged as having committed fraud that was actually committed by another, this case of mistaken identity/identity theft can get complicated and consequential. This guide is a good resource to have under such circumstances.
Reporting fraud to the United States Department of Justice – Use this resource to report instances of mistaken identity/identity theft to the U.S. Department of Justice, which can then lead to charges of misuse of credit cards.
Ohio Credit Card Fraud Attorney | Joslyn Law Firm
If you have been accused of credit card fraud in Ohio, you need a serious fraud defense attorney by your side to help you fight the charges against you. Our defense team at Joslyn Law Firm is strong and experienced. We understand how credit card fraud cases are prosecuted and know what approach to take with your defense.
Contact us at (614) 444-1900 to secure a free consultation with Joslyn Law Firm and have one of our defense lawyers review your case. Joslyn Law Firm serves clients in Columbus, OH including nearby areas such as Pickaway County, Madison County, Delaware County, Licking County and Fairfield County in Ohio.