Credit Card Theft Can Be a Felony
In Oklahoma, unauthorized use of a credit card or debit card is a type of fraud or theft. Simply using a card without permission can result in misdemeanor charges under Oklahoma credit card fraud law. If merchandise stolen by credit card fraud is worth more than a few hundred dollars, prosecutors may pursue felony larceny charges. To steal credit cards, or engage in a pattern of credit card fraud in Oklahoma can be a felony.
Unauthorized Use of Credit or Debit Cards Defined
In Oklahoma, it is unlawful for anyone to knowingly use or attempt to use either a credit or debit card which has been issued to another person or without that person’s permission. It is also unlawful to use a card that has been revoked or canceled once the issuer has given actual notice to the cardholder. To do so is an unauthorized use under the law. It is also unlawful to use a fake or counterfeit credit or debit card.
To use these cards in any manner, whether in person, by phone or online for the purpose of obtaining credit to purchase goods or services, to obtain a cash advance, or to deposit, obtain or transfer funds, is unlawful. Okla. Stat. 21 § 1550.2.
In Oklahoma, the unauthorized use or possession of a credit card or debit card may be treated as a misdemeanor. If the amount involved is $500 or less, a defendant could face a fine of up to $500, or up to 30 days in jail, or both. However, if the amount involved exceeds $500, a defendant could face a fine between $500 and $1000, or up to a year in jail, or both. Okla. Stat. 21 § 1550.2.
A Defendant Could Face Felony Charges
Prosecutors have other tools at their command. One of the most powerful tools is the Oklahoma Credit Card Act. Violations may be charged as felonies punishable by up to 7 years in prison, a fine of up to $3000, or both. Okla. Stat. tit. 21 § 1550.21 et seq.
It is unlawful to take or knowingly receive a credit or debit card from another’s possession, custody or control without the cardholder’s consent. This includes obtaining a card by larceny, embezzlement, false pretenses, extortion, or in any other manner. Okla. Stat. tit. 21 § 1550.22.
The law provides that a series of offenses may be combined when they are the result of a plan or scheme which results in the taking or diversion of money or property on a recurring basis. This continuing course of conduct often allows the prosecution to charge the matter as a felony. Okla. Stat. tit. 21 1550.33.
There are defenses to these crimes. Lack of knowledge and having permission are the most commonly used defenses. If you are facing charges, you need to work with a criminal lawyer Tulsa trusts to build a strong defense and protect your freedom.
Free Consultation With A Tulsa Criminal Law Defense Attorney
The Wirth Law Office is here to help when you need it most. We offer a free consultation with an experienced Tulsa criminal defense lawyer to help you defend your legal rights. Call (918) 879-1681 for a free consultation or submit a question through this website.