Defending a New York Fraud Charge

Any crime of theft is a crime that few members of law enforcement, jurors, prosecutors, and judges are going to be sympathetic toward.

Because these charges are often felonies, a conviction could harm an individual’s chances of becoming a doctor, teacher, lawyer, accountant, and many other professions. Due to the severity of these crimes, an individual should not hesitate before consulting with an attorney.

If you have been charged with fraud in New York and are looking to build an effective defense strategy, it is imperative to contact a New York fraud lawyer as soon as possible. An experienced attorney can combat the prosecution’s allegations and help to reduce or dismiss any penalties you may be facing.

Burden of Proof

In a New York fraud case, the prosecutor needs to prove that the person stole property and that the property consisted of a credit card. A person commits a larceny when they intentionally deprive another person of a property and the person wrongfully takes that property or withholds it from another person.

That property could include anything from a dollar, a chair, or a hat, but when it is a credit card and the person had intended to take it, the charge is classified as a felony.

Theft vs. Fraud

There are a few differences between credit card theft and fraud. Credit card theft is the actual stealing of a credit card and is associated with grand larceny. The credit card fraud incorporates many more elements. These include:

• If the person is using a fake credit card
• How much a person uses the credit or debit card
• How does a person access this card

Anyone charged with credit card theft or criminal possession of a stolen credit card should be concerned about credit card fraud and the crimes associated with it. Forgery crimes, forged instrument crimes, identity theft, falsifying business records, and grand larceny are all crimes that can be associated with credit card fraud.

Due to the severity of the crime, it is important to consult with an attorney immediately to begin crafting an effective defense strategy.

Building a Defense

When building a defense for a fraud charge in New York City, it is important to know a variety of elements. Some of these elements include:

• Where the cards were recovered from
• If the person admitted anything
• What proof there is that the individual used them
• How many credit cards there were (because each one is a separate crime)
• Was there a search warrant conducted to recover those cards
• Are there receipts that have been recovered to link the person to the crime

These are all different things that a lawyer will need to determine when beginning to build a defense strategy in a New York fraud charge. Any admission, any statements, and any identifications are the things that an experienced attorney will want to question as soon as possible. Doing so can help them build the most effective defense possible.