If you are facing criminal allegations for credit card fraud, you should seek legal representation right away. A conviction for credit card fraud could mean high fines and jail time. An Omaha credit card fraud lawyer at Berry Law can fight diligently and work to have your charges reduces or dismissed. One of our experienced white-collar crimes defense attorneys could also evaluate any extenuating factors that could increase your chances of achieving a favorable outcome for your case.
Types of Credit Card Fraud
State law outlines several different offenses involving the unlawful use of a credit card, as well as the sentencing guidelines for each crime. Depending on the offense a person is charged with, he or she could face prison time if convicted of credit card fraud. A typical credit card fraud charge involves the unauthorized use of a financial transaction device, under Nebraska Revised Statute §28-620. A financial transaction device includes credit and debit cards.
In other words, credit card fraud occurs when someone uses another person’s debit or credit card information without authorization to purchase something of value or to transfer funds. Additionally, using a card with the knowledge that it is lapsed, canceled, falsified, modified, or otherwise not approved for use by the owner could also result in credit card fraud charges.
Another related charge is the criminal possession of a financial transaction device, according to Neb. Rev. Stat. §28-621. Knowingly possessing another person’s credit card and using it for fraudulent purposes can result in charges of this nature.
State law also says that an individual can face credit card fraud charges for misrepresenting themselves as the account owner to obtain someone else’s credit. If you are facing any of these charges for credit card fraud or related offenses, you should reach out to a local attorney immediately.
Sentencing for Credit Card Fraud Charges in Omaha
The penalties someone will face for a credit card fraud conviction in Omaha depend on the exact nature of the crime. An Omaha attorney with in-depth knowledge of the state’s credit card fraud laws can formulate a defense to mitigate your charges.
A person who is charged with impersonating another individual to access their credit can face a range of penalties depending on the amount of the funds involved. If the credit amount equals or surpasses $5,000, the crime is a Class III felony. In Omaha, Class III felonies carry a maximum jail term of 4 years. The court may also order a person convicted of a Class III felony to pay a maximum fine of $25,000.
On the other hand, if someone is charged with criminal impersonation and the amount of credit involved is below $500, the crime is a Class II misdemeanor and carries a maximum sentence of six months in jail and/or $1,000 in fines.
In the case of unauthorized credit card use, a conviction could result in misdemeanor or felony penalties, depending on the amount of credit involved. A conviction for unauthorized use of a credit card involving $5,000 or more over a period of 6 months is a Class IIA felony, carrying a maximum prison term of 20 years.
Contact an Omaha Credit Card Fraud Attorney
If you are facing charges of credit card fraud, you need to start building your legal defense right away. An Omaha credit card fraud lawyer can explain your legal options and seek the most favorable outcome for your case. Call our office today to book a confidential review of your case with one of our Omaha attorneys.