In New York, one of the crimes one may be charged with based on allegations of credit card fraud is Forgery in the Second Degree, which is a “D” felony punishable by up to seven years in state prison.
A person is guilty of Forgery in the Second Degree if he or she fraudulently signs the name of the real holder of the credit card or debit card on a written instrument such as the transaction receipt. Whether a charge of forgery in the second degree will obtain does not depend on the value of goods stolen by signing the false name on the receipt. When a person forges a signature without authority and with the intent to defraud the credit card company and/or the store or the cardholder, she or he is guilty of Forgery in the Second Degree.
Further, this Second Degree Forgery charge based on unauthorized credit or debit card use is rarely prosecuted alone. Signing a false name or scrawling what appeara to be a name on the credit card can also result in a charge of Criminal Possession of a Forged Instrument in the Second Degree, also a “D” felony punishable by up to seven years in state prison. The false signature on the credit card receipt makes the receipt into a forged instrument; if the prosecution can show that the forged instrument was intended for use in order to defraud others, they have a strong case to support a charge of criminal possession of a forged instrument.
Another offense that may be charged in tandem with other offenses based on credit card fraud is Identity Theft in the First Degree, which is also a “D” felony. Again, none of these charges depend on the amount that was fraudulently charged. You can be charged with and convicted of a felony based on the most trivial amount, as long as the prosecution proves that you signed someone else’s name on a credit card receipt without authorization.
If you are charged with one or more offenses related to credit card fraud, you should immediately retain an experienced criminal defense attorney.
Call our experienced New York criminal defense attorneys at (212) 577-6677 to schedule an immediate consultation.
