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Greenwich Credit Card Fraud Lawyer

Greenwich credit card fraud occurs when a person takes a credit card from another person, without their consent, with knowledge that it is taken from them, and with the intent to use it, sell it, or transfer it in some way.

If you have had your credit card information stolen, it is pertinent that you consult with a Greenwich credit card fraud lawyer immediately to begin mounting a case.

Classifying the Charge

Depending on the amount and the nature of how the credit card fraud is committed, it could either be a Class A misdemeanor or a Class D Felony. The difference between a Class A misdemeanor and a Class D Felony is the amount of money used during the credit card fraud and the way it was used or taken from another person.

To help build a case for credit card fraud, an individual should not hesitate before contacting a Greenwich credit card fraud lawyer.

Skimming

Skimming is not defined by itself under Connecticut law. There is no legal definition of the word “skimming,” but skimming is a common term that is used to describe a method by which people steal credit card information. A person installs a device that looks like a normal ATM or credit card reader, and when someone swipes their credit card the device downloads the credit information of that person.

Once the person using the skimming device gathers credit information, they would then use that information to commit a credit card crime, to purchase goods, or otherwise use it in an impermissible way. Skimming is a method of achieving the crime of credit card fraud and not in and of itself defined as a crime.

Obtaining the Information

The information on the device will be uploaded to some usable format, usually through a computer or other system. Once an individual has that information stored, they will use the credit card information either over the phone or online to complete illegal transactions.

They can also program a new credit card or a magnetic strip on a different credit card to appear as though it meets the profile of somebody else's credit card. That is a lot more advanced. The exact method of transferring information from a skimming device onto other physical credit cards is uncertain, but it can be achieved.

Common Misconceptions

The common misconception about credit card fraud is that people assume that the credit card fraud occurs when somebody physically takes another individual’ card. That is not the case. Credit card fraud occurs by obtaining the credit card user's information through skimming devices or through other mechanisms, or perhaps gathering the credit card information from other sources like the internet or hacking into somebody's account or emails. A knowledgeable credit card fraud attorney in Greenwich can help an individual understand many of the common misconceptions associated with fraud.

It is also obtained by simply fishing through somebody's garbage. A person may have their credit card on them and never actually lose physical possession and credit card fraudulent activity may still occur remotely by a person who has obtained the person's credit card information. There are ways of processing transactions without having the physical card in person.

Defense Strategies

A Greenwich credit card fraud attorney’s primary job is to ascertain how the government is drawing the connection between the unauthorized transaction and the particular defendant. The credit card activity might be assumed to be unauthorized, but actually was not unauthorized. People sometimes forget about a particular transaction and think that it is unauthorized. Things like this must be proved as well. 

An individual can dispute the charge if the transaction was unauthorized, in which case there would not be credit card fraud. These are issues that speak to the actual innocence or guilt of the person being charged. A Greenwich credit card fraud lawyer can gather information to help mitigate any possible punishment.

Placing a value on the material used in the credit card fraud transaction can define the level of crime and penalty the person is exposed to. If the attorney can dispute the valuation or valuation method that was used to determine what level of crime the particular transaction fell under, that could help mitigate and lessen the punishment that somebody might be exposed to.

Mitigating Factors in Credit Card Fraud Cases

It would be important to look into the particulars about the person being charged, and the circumstance of the credit card fraud that could influence a judge’s decision. In light of mitigating circumstances, a judge might be less inclined to severely punish the person for their misconduct.

Mitigating factors might include whether there are any underlying issues that compelled the credit card fraud to take place, whether the person was severely under the influence of drugs or alcohol, and otherwise perpetrated the fraud when they were not in control or able to make appropriate decisions.

In such a case, the attorney would need to show the court that the underlying issues that led to this warped judgment are being taken care of, so the judge may consider this person as somebody who needs rehabilitation rather than punishment.

Role of a Lawyer

The role of a Greenwich credit card fraud lawyer is to assess what evidence there is to establish that the credit fraud occurred and that the defendant who is charged with credit card fraud used another person's credit information. The fact that somebody's credit information was used in an unauthorized way does not create the conclusion that it was necessarily a person who did that.

Some sort of evidence or proof that connects the use of the unauthorized credit activity to a person is needed, and unless the government can prove that, then the person charged with credit card fraud will not be convicted of it. If you have been charged with credit card fraud in Greenwich, speak with a skilled lawyer that can defend you.