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When Is Credit Card Fraud a Federal Crime?

 Posted on February 24, 2025 in Criminal Defense

San Jose, CA criminal defense lawyerMany criminal charges can be prosecuted at either the state or federal level, including credit card fraud and similar crimes related to access devices. While states handle many credit card fraud cases, federal law enforcement agencies can sometimes elevate those charges to a higher level.

Fraud often brings a felony charge, and a conviction could have severe consequences. You need an experienced San Jose, CA criminal defense lawyer on your side to protect your rights and best interests.

What Is Credit Card Fraud?

Almost everyone has debit or credit cards these days. They can be used in person or online to purchase goods or transfer money. Credit card fraud describes several illegal uses of these access devices, including:

  • Using a stolen card or number

  • Knowingly using your own card when sufficient funds are not available to cover your purchase

  • Creating or using a counterfeit card

  • Selling card numbers

  • Using someone else’s card without her knowledge or consent

  • Opening accounts using a stolen card

  • Skimming card numbers from nearby people

  • Sending fake phishing emails related to someone’s card

If these crimes remain in California, you may be prosecuted by the State. However, some situations could put you under federal jurisdiction.

When Could Credit Card Fraud Be a Federal Offense?

Federal agencies, including the United States Post Office and the Federal Bureau of Investigation, can prosecute credit card fraud cases if they involve identity theft, a large-scale criminal scheme, or crossing state lines.

The consequences you could face with a federal conviction are usually more severe than one at the state level. Regardless of which government entity is handling the case against you, you need to protect your rights by choosing the right lawyer to represent you.

How Can a Lawyer Help If I Am Charged With Credit Card Fraud?

Your defense strategy needs to be comprehensive, not relying on only one point. Your attorney will get to know you and your situation so we can build a custom defense based on you as a whole person. After investigating your charges and arrest, we may use several defenses designed to help you suffer the fewest and least severe consequences.

We may question the evidence against you, dispute technicalities surrounding your arrest, suggest a case of mistaken identity, or argue that you were unaware a card was stolen. These and other defenses can help us fight your charges effectively. We cannot guarantee your charges will be dropped, but we will work diligently to achieve the best possible case outcome.

Call Our Aggressive Palo Alto, CA Credit Card Fraud Defense Lawyer

If you are facing criminal charges, you need to choose a Santa Clara County, CA criminal defense lawyer who knows how to win and will steadfastly protect your rights. To arrange your free consultation, call Fuller Law Firm at 408-234-7563 or contact us online.

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