Houston Credit Card Fraud Defense Law
In Texas, all kinds of fraud are considered serious criminal offenses. However, throughout the state, the white collar crime of credit card fraud is becoming more and more common. For that reason, law enforcement focuses on those allegedly involved in this criminal action and they are then aggressively prosecuted in criminal court.
The punishment for credit card fraud can be severe. It is important to protect your reputation, freedom and future by retaining a criminal defense attorney who can effectively defend you in court. A skillful trial lawyer may be able to get the charges against you dismissed or reduced to a misdemeanor prior to trial. In order to convict you at trial, the prosecutor has the burden to prove you committed each and every element of the felony offense beyond a reasonable doubt. If the jury has a reasonable doubt, you will be acquitted. Therefore, it is essential to contact an experienced criminal defense lawyer who will work with you to craft the best legal defense.
Harris County Credit Card Abuse Lawyer
Credit card fraud is a serious felony offense. In addition to lengthy incarceration and steep fines, a felony charge may result in a permanent criminal record that could ruin your reputation, employment and future. Indeed, just being charged with a felony offense can result in extreme stress and anxiety.
Houston criminal attorney James G. Sullivan is experienced in defending white collar crimes such as credit card or debit card abuse. With almost 20 years of felony defense experience, Sullivan has the knowledge to put forth an aggressive and productive defense strategy.
Contact James Sullivan at (281) 546-6428 for a free phone consultation and preliminary case analysis.
Texas Credit Card Abuse Law
According to Texas Penal Code §32.31(b), a person commits credit card abuse 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- the card has expired or has been revoked or cancelled;
- with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card;
- he receives a benefit that he knows has been obtained in violation of this section;
- he steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder;
- he buys a credit card or debit card from a person who he knows is not the issuer;
- not being the issuer, he sells a credit card or debit card;
- he uses or induces 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 is financially unable to pay;
- not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it;
- he possesses two or more incomplete credit cards or debit cards that have not been issued to him with intent to complete them without the effective consent of the issuer. For purposes of this subsection, a card is incomplete if part of the matter that an issuer requires to appear on the card before it can be used, other than the signature of the cardholder, has not yet been stamped, embossed, imprinted, or written on it;
- being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or a cardholder, furnishes goods or services on presentation of a credit card or debit card obtained or retained in violation of this section or a credit card or debit card that is forged, expired, or revoked; or
- being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or a cardholder, fails to furnish goods or services that he represents in writing to the issuer that he has furnished.
The offense of credit card abuse is classified as a state jail felony. In Texas, a conviction for a state jail felony carries a range of punishment of 180 days to two years in a state jail along with a fine not to exceed $10,000.
James G. Sullivan and Associates | Harris County Credit Card Abuse Attorney
If you are charged with credit card abuse in Texas, it is important to contact an experienced criminal defense attorney. In addition to representing you in court, it may be possible for such an attorney to defend you at the grand jury level. If your case has not yet been indicted by the grand jury, a knowledgeable attorney may be able to persuade the grand jury to no bill (dismiss) your case. If that were to happen, the case would be over, and you would have the right to seek an expunction of the charge from your record. If your case has already been indicted, an experience trial attorney may still be able to get your case dismissed, reduced to a misdemeanor or won at trial.
James G. Sullivan and Associates have a professional and experienced legal team with decades of experience in fighting criminal cases at trial. They provide personal attention, exceptional legal services and get proven results. They will fight to protect your rights, freedom and future.
James Sullivan graduated from the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas. This is one of his many client reviews on AVVO:
Mr. Sullivan is a very professional attorney and got our son’s felony charges dismissed in a very short period of time
Mr. Sullivan is a very professional attorney that is down to earth and easy to talk to. Our son was falsely charged with credit card abuse. Mr. Sullivan took the time to talk to us and to understand the details of what our son’s case was about and the details of what brought the charges. He was very dedicated throughout the process and got the charges dismissed in a very short period of time. He saved us the grief and cost of having to go to trial. We appreciate his hard work and thoroughness in taking care of our son’s case. We highly recommend him.
–Posted by Jim on February 23, 2015
Contact James Sullivan & Associates for a free phone consultation at (281) 546-6428 about your credit card abuse charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.