Is credit card fraud a state or federal crime? 37 Answers as of January 05, 2011

Is credit card fraud a state or federal crime? How much time can you get? How do I find an attorney who specializes in this?

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Jackson White, PC
Jackson White, PC | Jeremy Geigle
Credit card fraud can be charged as either a state or federal crime. If you are charged with credit card fraud in Arizona, you are probably looking at a class 5 or class 4 felony depending on the specific circumstances of your case. A class 4 felony carries a presumptive prison term of 2.5 years. Probation is available on a first time offense. Financial crimes, including credit card fraud, can be complex cases with voluminous discovery. If you're facing credit card fraud in Arizona, you should speak to a criminal defense attorney as soon as possible to understand your rights and strategize your defenses.
Answer Applies to: Arizona
Replied: 1/5/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
Credit card fraud can be both a federal and state crime. Please, contact your State Bar Department and request a referral for a criminal defense attorney in your area. An attorney in your area would be able to listen to the details of your situation and determine whether the situation would more likely be a state or federal issue.
Answer Applies to: Oregon
Replied: 12/28/2010
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Credit Card Fraud can be charged in either Federal or State courts. It can be charged in both as well. The sentencing range is determined by the level of the charged crime coupled with the criminal history of the defendant charted on a graph in both State and Federal courts, so the time associated with this type of charge varies with the person.

A Google search, or a yellow pages search for a criminal lawyer in the area where the crime is charged will give you names of attorneys who could help with this type of case.
Answer Applies to: Kansas
Replied: 12/23/2010
Ron Graham Attorney at Law
Ron Graham Attorney at Law | Ron Graham
It can be either depending on the amount and whether it crossed state lines. Again in terms of time it depends on much the amount is and if you have any prior record. I do criminal defense work you may reach me.
Answer Applies to: Ohio
Replied: 12/22/2010
Law Office of John Schum, LLC
Law Office of John Schum, LLC | John Schum
Credit card fraud can be either a State or Federal offense. A state prosecution would likely charge a type of theft.

A criminal defense attorney can handle these types of cases. I am not sure of anyone who specializes in these. I can represent you and would be glad to meet to discuss your case and representation.
Answer Applies to: Hawaii
Replied: 12/21/2010
    The Connelly Firm P.C.
    The Connelly Firm P.C. | Thomas Connelly
    Credit card fraud can be prosecuted by the state, the U.S. government, or both, because both have jurisdiction and are considered "separate sovereigns" under double jeopardy law. You have a serious problem on your hands and probably need legal counsel. I handle federal and state criminal defense in Pennsylvania and New Jersey. Please give me a call for a free consultation.
    Answer Applies to: Pennsylvania
    Replied: 12/18/2010
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Credit card fraud can be either a state or federal offense depending on the circumstances. The amount of incarceration or the punishment imposed upon a finding of guilty is dependent on the nature and extent of the crime.

    The local bar association in the community where the alleged event occurred is a good source for a referring attorney.
    Answer Applies to: Alabama
    Replied: 12/17/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    It can be charged by both state and federal authorities, and each could carry several years per count. You will know when you are arrested; the paperwork will advise you. If this is just a limited misuse, it will probably be only state charges.

    It is not really a specialty for attorneys, because it is a normal criminal defense necessary. When arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion or decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. I will be happy to help you use whatever defenses you may have.
    Answer Applies to: California
    Replied: 12/16/2010
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    It could be both. It will depend on how the credit card is used and where it is used, and what is purchased. Generally, it is charged as a state crime.
    Please let me know if you need my assistance.
    Answer Applies to: Florida
    Replied: 12/16/2010
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    It is a federal crime and a state crime. Both the U.S. and the states can prosecute for this offense. Related offenses could include wire fraud, mail fraud, theft and forgery. The amount of time that you could get depends on the number of fraudulent transactions that are completed or attempted, and whether there are any other offenses. You can get a maximum of 10 years for each fraudulent credit card transaction.

    I am an criminal defense attorney; I was an Assistant U.S. Attorney for 7 years where among other crimes I prosecuted credit card fraud cases to include one case that was a muti-million dollar muti-defendant conspiracy to commit credit card fraud and wire fraud.

    You should call me and we can discuss your situation. If I can't help you then, I will help you find someone you are comfortable with.
    Answer Applies to: Montana
    Replied: 12/16/2010
    Law Office of Cotter C. Conway
    Law Office of Cotter C. Conway | Cotter C. Conway
    It is most likely a state crime. In Nevada, the fraudulent use of a credit card could carry a sentence of 1 to 4 years in state prison. Contact me for a free consultation.
    Answer Applies to: Nevada
    Replied: 12/16/2010
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    "Credit card fraud"could be charged in either state court or federal court. It depends on the particular type of alleged "fraud," the number of parties involved, i.e, the particular circumstances. Most attorneys offer free initial consultations. This is a good way to consult with an attorney and find out about their background. It would be unusual to find a criminal-defense attorney who specializes just in credit-card defense matters.
    Answer Applies to: Michigan
    Replied: 12/16/2010
    McWhirter Law Firm
    McWhirter Law Firm | Barry McWhirter
    It is both a state crime and a federal crime. How much time you can get, depends on your record and the manner in which they bring the charges. My firm handles credit card fraud cases if you would care to talk in more detail.
    Answer Applies to: Tennessee
    Replied: 12/16/2010
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    It can be both. Generally speaking, credit/debit card abuse is a state crime and the charge is dependent upon several factors, the age of the credit card owner and the amount spent (or attempted to spend) are the two leading factors. Whether you have machines to make the cards, etc. also plays a role.

    My firm handles these types of cases in Collin County as well as the Eastern District of Texas (Federal Court) if your case is being handled out of Plano or Sherman (I can be convinced to go to other courts for Federal charges) .

    Let me know where your case is pending and if it is in an area where I practice, I would be happy to sit down, get more information and answer your questions.
    Answer Applies to: Texas
    Replied: 12/16/2010
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    Credit card fraud can be prosecuted by the state, as well as the feds, depending on the facts of the case. Using a phony card at the local department store would probably fall under state law. However, if you used your credit card to purchase items from another state, the feds would come in for the prosecution, since the crime has now crossed state jurisdictions.
    Answer Applies to: New York
    Replied: 12/16/2010
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    First by way of a disclaimer this reply to your email does not establish a attorney client relationship but if you contact me and if you retain me then I would be representing you.

    However , in general credit card fraud is both a state and a Federal crime although depending on the circumstances it could be one or the other. Looking forward to further contact.
    Answer Applies to: New York
    Replied: 12/16/2010
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    Credit card fraud could be both. The level of the crime dictates what the sentence could be. For example, misdemeanors carry a lighter sentence than felonies.
    You can go to the California State Bar website and see who is qualified to represent you in federal court. Generally, the attorney needs to be "sworn in" in the federal court district that your case in filed in.

    Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
    Answer Applies to: California
    Replied: 12/16/2010
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I practice law here at the Goolsby Law Firm, LLC with my son. I am a former federal prosecutor. Credit card fraud can be prosecuted in either state or federal court. You should consult with an experienced criminal lawyer as soon as possible. Good luck!
    Answer Applies to: Georgia
    Replied: 12/16/2010
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    1. Normally, credit card fraud is a state level crime.

    2. In Georgia, credit card fraud (O.C.G.A. 16-9-33) can get a maximum of either 2 or three years,depending on the amounts in question.

    3. Most experienced criminal defense lawyers are quite capable of defending such cases.
    Answer Applies to: Georgia
    Replied: 12/16/2010
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    In Nebraska it is commonly charged as a class 4 felony but the value of the items taken may increase the nature of the charged offense. Doubt it would result in Fed. Crime but value and nature of the fraud my play into Fed. Charges being filed.
    Answer Applies to: Nebraska
    Replied: 12/16/2010
    Avioli Law, P.C.
    Avioli Law, P.C. | Michael Avioli
    As state crime in Montana Fraudulent Use Credit Device and is C felony. Penalty up to Seven Years in penitentiary. Federal cases possible if used across state lines. Sentencing much more complicated taking into account amount of loss and your criminal history Call me to set meeting to discuss my fees to help you. Do not go it alone.
    Answer Applies to: Missouri
    Replied: 12/16/2010
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    Depending the circumstances, it can be charged as both a federal and state crime as their is many layers to the transaction.
    Answer Applies to: Pennsylvania
    Replied: 12/16/2010
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Both.

    The amount of time is based on the value of what was taken.

    You need a Criminal Defense lawyer asap.
    Answer Applies to: Tennessee
    Replied: 12/16/2010
    The Purnell Law Firm
    The Purnell Law Firm | Simon Purnell
    Credit card fraud can be prosecuted under either/both state and federal statutes. The penalty depends on the amount alleged and number of transactions. Generally, you should retain an attorney in the jurisdiction your are charged in who is familiar with and practices in state and federal courts.
    Answer Applies to: Texas
    Replied: 12/16/2010
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    It can be considered both a state crime and a federal crime. There is no attorney that just specializes in credit card fraud, forgery or financial ID fraud, because there is not enough money in just one area of law. You just need a good criminal defense attorney. You can check out my website, the link to my podcast and/or give me a call.
    Answer Applies to: Georgia
    Replied: 12/16/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Credit card fraud can be either punished by the state or by the feds tho unless a tremendous amount of money is involved it is much more likely to be a state prosecution. In terms of time I would need to know many more facts but bottom line, if it isn't a huge amount of loss and you have no priors, probation would be a likely result. In terms of finding an experienced lawyer, give me a call to let me know what county you could be charged in.
    Answer Applies to: California
    Replied: 12/15/2010
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    State crime; normally a felony which carries a penitentiary sentence (more than a year in a state facility). One charged with this kind of crime should be looking to hire a competent criminal defense counsel experienced and knowledgeable as to how such matters are prosecuted and appropriately defended in the Commonwealth.
    Answer Applies to: Virginia
    Replied: 12/15/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Technically it could be both depending upon the circumstances. Most often you would be charged by the state. Most attorneys that practice criminal law can assist you. Feel free to call me for a free consultation.
    Answer Applies to: California
    Replied: 12/15/2010
    The Poster Law Firm, PLLC
    The Poster Law Firm, PLLC | Rick D Poster
    It can be both a state or federal crime. I have worked these cases in both state and federal court. Feel free to call my office.
    Answer Applies to: Arizona
    Replied: 12/15/2010
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Credit Card Fraud is generally a state crime. In Michigan it is referred to as Fraudulent use of a Financial Transaction. Most experienced criminal defense attorneys should be equipped to handle the case. It is important that you pick someone with expertise in the criminal arena. Our frimprimarily does criminal defense for misdemeanors and most felonies including credit card fraud. Feel free to take advantage of our free, no obligation consultation. Give us a call. Too much is at stake to do it alone. We look forward to hearing from you. Best of everything.
    Answer Applies to: Michigan
    Replied: 12/15/2010
    Crippen & Cline, LC
    Crippen & Cline, LC | Stephen Howard
    Most likely, credit card fraud would be filed in a state court. But there are circumstances under which it could be filed federally. It would depend on the specific circumstances of your case. Even among criminal defense attorneys, there are not a lot who specialize specifically in "credit card fraud." But it wouldn't be a bad idea to make sure that any prospective attorney has had prior experience with that kind of charge.
    Answer Applies to: Utah
    Replied: 12/15/2010
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    Most experienced criminal attorneys should be able to help you. Typically, fraud cases are prosecuted in state court in Nebraska. It depends on the specific facts of your case. There can be facts that would create federal jurisdiction. You may also be facing civil liability. Federal jurisdiction and state jurisdiction are not mutually exclusive. Some cases can be prosecuted in state and federal court; however, usually if one sovereign decides to prosecute the other one backs off. If your case is in Nebraska feel free to give me a call.
    Answer Applies to: Nebraska
    Replied: 12/15/2010
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It can be charged either way, federal or state. Locate a lawyer experienced in theft cases.
    Answer Applies to: Colorado
    Replied: 12/15/2010
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    It can be prosecuted in both state and federal court.m
    Answer Applies to: Massachusetts
    Replied: 12/15/2010
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Credit card fraud can be Federal or State crimes, but usually State felony charges. I can represent you on either charge for a reasonable fee. Call anytime for a free consultation.
    Answer Applies to: New York
    Replied: 12/15/2010
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