Is Credit Card Abuse a Felony in Texas?
In the state of Texas, credit card abuse is a serious offense that can have severe consequences. But is it a felony? In this article, we will delve into the details of credit card abuse laws in Texas and explore the answer to this question.
What is Credit Card Abuse?
Credit card abuse, also known as credit card fraud, is the unauthorized use of a credit card or the information contained on a credit card. This can include using someone else’s credit card without their permission, creating a fake credit card, or using a stolen credit card.
Is Credit Card Abuse a Felony in Texas?
In Texas, credit card abuse is considered a felony if the value of the fraudulent transactions exceeds $2,500. According to Texas Penal Code Section 32.21, credit card abuse is a state jail felony if the value of the fraudulent transactions is between $2,500 and $30,000. If the value of the fraudulent transactions exceeds $30,000, it is considered a second-degree felony.
Types of Credit Card Abuse
There are several types of credit card abuse, including:
• Unauthorized use: Using someone else’s credit card without their permission.
• Card-not-present fraud: Using a credit card number to make a purchase online or over the phone without the physical card being present.
• Card-present fraud: Using a stolen or fake credit card to make a purchase in person.
• Identity theft: Stealing someone’s identity and using their credit card information to make purchases.
Consequences of Credit Card Abuse
The consequences of credit card abuse in Texas can be severe. If convicted of credit card abuse, you can face:
• Jail time: From 180 days to 2 years in state jail for a state jail felony, or from 2 to 20 years in prison for a second-degree felony.
• Fines: Up to $10,000 for a state jail felony, or up to $10,000 and a fine of up to $50,000 for a second-degree felony.
• Criminal record: A conviction for credit card abuse will result in a criminal record, which can impact your future employment and education opportunities.
Defenses to Credit Card Abuse Charges
If you are facing credit card abuse charges, it is essential to work with an experienced criminal defense attorney to build a strong defense. Some common defenses to credit card abuse charges include:
• Lack of intent: If you did not intend to commit credit card abuse, you may be able to argue that you did not have the necessary intent to commit the crime.
• Mistaken identity: If you are accused of using someone else’s credit card, you may be able to argue that you were mistaken about the card’s ownership.
• Lack of knowledge: If you did not know that the credit card was stolen or fake, you may be able to argue that you did not have the necessary knowledge to commit the crime.
Table: Credit Card Abuse Penalties in Texas
Felony Level | Value of Fraudulent Transactions | Jail Time | Fines |
---|---|---|---|
State Jail Felony | $2,500 – $30,000 | 180 days – 2 years | Up to $10,000 |
Second-Degree Felony | Over $30,000 | 2 – 20 years | Up to $10,000 and $50,000 |
Conclusion
Credit card abuse is a serious offense in Texas that can have severe consequences. If you are facing credit card abuse charges, it is essential to work with an experienced criminal defense attorney to build a strong defense. Remember that credit card abuse is a felony in Texas if the value of the fraudulent transactions exceeds $2,500, and the consequences of a conviction can be severe.