NJ Credit Card Theft Defense Lawyer
Defending Clients Charged with Theft Crimes in New Jersey
Experienced criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including Paterson, Clifton, Passaic, Totowa, Morristown, Riverdale, Dover, Denville, Hackensack, Lodi, and Newark, who have been charged with theft-related criminal offenses such as shoplifting, theft by deception, and writing bad checks.
Being charged with the crime of Credit Card Theft means that you are exposed to a term of incarceration and a number of other collateral consequences, including a requirement that you pay restitution to the cardholder. Having an aggressive, experienced defense lawyer to guide you through the legal process is invaluable. Ms. Hascup is prepared to attack the State’s case and put you in a position to achieve the best possible result.
She has successfully handled countless cases in New Jersey’s Superior Courts (indictable/felony level offenses) and Municipal Courts (disorderly persons/misdemeanor level offenses). She is a former Assistant County Prosecutor, Special Deputy Attorney General, and Municipal Prosecutor who handled cases ranging from attempted murder and aggravated assault to robbery and weapons offenses during her prosecutorial career. Now she is fighting for you.
Contact her office anytime at 862-257-1200 for an initial consultation, which is always provided free of charge.
Credit Card Theft in New Jersey: N.J.S.A. 2C:21-6c
The crime of Credit Card Theft is codified under N.J.S.A. 2C:21-6c, which sets forth that:
- A person who takes or obtains a credit card from the person, possession, custody or control of another without the cardholder’s consent or who, with knowledge that it has been so taken, receives the credit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder is guilty of a crime of the fourth degree. A person who has in his possession or under his control (a) credit cards issued in the names of two or more other persons OR (b) two or more stolen credit cards is presumed to have violated this paragraph.
- A person who receives a credit card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder is guilty of a crime of the fourth degree.
- A person other than the issuer who sells a credit card or a person who buys a credit card from a person other than the issuer is guilty of a crime of the fourth degree.
- A person who, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value, or any other person, obtains control over a credit card as security for debt is guilty of a crime of the fourth degree.
- A person who, with intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value, or any other person, falsely make or falsely embossess a purported credit card or utters such a credit card is guilty of a third degree offense. A person other than the purported issuer who possesses two or more credit cards which are falsely made or falsely embossed is presumed to have violated this paragraph.
- A person other than the cardholder or a person authorized by him who, with intent to defraud the issuer, or a person or organization providing money, goods, services or anything else of value, or any other person, signs a credit card, is guilty of a crime of the fourth degree. A person who possesses two or more credit cards which are so signed is presumed to have violated this paragraph.
A crime of the Third Degree is punishable by a period of incarceration of between 3 and 5 years in New Jersey State Prison.
A crime of the Fourth Degree is punishable by a period of incarceration of up to 18 months in New Jersey State Prison.
NOTE: As you can see, there is no mens rea requirement specified in many of the subsections above, meaning that mere possession of a stolen credit card can be enough to prove the charge against you.
Contact a Totowa NJ Credit Card Theft Defense Attorney Today
A conviction for Credit Card Theft can mean exposure to jail and serious collateral consequences. Hiring the right defense attorney can mean all the difference. Don’t delay. Protect your rights and your freedom. Alissa D. Hascup is available anytime to speak with you about your case. Contact her office anytime at 862-257-1200 for a free consultation.
