Credit Card Abuse

Credit card abuse in Texas is a serious crime that covers a wide range of fraudulent activities involving credit and debit cards. If you are charged with credit card abuse in Texas, you should meet with a criminal lawyer as soon as possible.

Texas Penal Code § 32.31

Under Texas Penal Code § 32.31, credit card abuse is defined broadly and includes various acts of fraud related to credit and debit cards. Key activities that constitute credit card abuse include:

1. Using a Card Without Consent: Using a credit or debit card without the cardholder’s permission.
2. Stolen Cards: Using a card known to be stolen.
3. Expired, Revoked, or Canceled Cards: Using a card that is expired, revoked, or canceled with the intent to defraud.
4. Counterfeit Cards: Creating, using, or attempting to use a counterfeit card.
5. Purchasing Goods or Services: Using a card to obtain goods or services with the knowledge that the card is not valid.

Penalties

Credit card abuse is generally classified as a state jail felony. The penalties for a state jail felony in Texas include:

• Imprisonment: Ranging from 180 days to 2 years in a state jail.
• Fines: Up to $10,000.

Ff the offense is committed against an elderly individual (someone 65 years of age or older), the charge can be enhanced to a third-degree felony, with harsher penalties, including 2 to 10 years in prison and fines up to $10,000.

Potential Defenses

Several defenses may be available to individuals charged with credit card abuse. These defenses aim to challenge the prosecution’s evidence or provide justification for the defendant’s actions:

1. Lack of Intent to Defraud
   • Explanation: The prosecution must prove that the defendant had the specific intent to defraud the cardholder or the financial institution.
   • Application: If the defense can demonstrate that there was no intent to defraud—perhaps due to a misunderstanding or mistake—the prosecution may not be able to win a conviction.
2. Consent from Cardholder
   • Explanation: If the defendant had permission from the cardholder to use the card, this can negate the charge of unauthorized use.
   • Application: Evidence such as written or verbal consent from the cardholder can be pivotal in proving that the defendant had authorization to use the card. Evidence that shows a reasonable person in the defendant’s shoes could also be a valid defense.
3. Mistaken Identity
   • Explanation: Mistaken identity can occur in cases where someone else used the card and the defendant was wrongfully accused.
   • Application: Establishing an alibi or presenting evidence that the defendant was not the person who used the card can be critical in disproving the charges.
4. Duress or Coercion
   • Explanation: If the defendant was forced or coerced into using the card under threat of harm, this can be a defense against the charges.
   • Application: Demonstrating that the defendant acted under duress or coercion can mitigate responsibility and lead to reduced charges or dismissal.
5. Insufficient Evidence
   • Explanation: The prosecution must provide substantial evidence to prove the defendant’s guilt beyond a reasonable doubt.
   • Application: Challenging the credibility, accuracy, and completeness of the prosecution’s evidence can result in a favorable outcome for the defendant.

Conclusion

Credit card abuse is a serious offense in Texas with severe penalties. However, various defenses are available, ranging from lack of intent to duress. It is crucial for individuals facing such charges to seek the assistance of an experienced criminal defense attorney to best outcome for the accused.