Connecticut General Statutes § 53a-128d – Credit Card Theft

Understanding Credit Card Theft in Connecticut

Credit card theft is one of the most common financial crimes in Connecticut. It often arises in connection with larceny, forgery, or identity theft charges. Prosecutors in Stamford, Norwalk, and across Fairfield County take these cases seriously because they usually involve multiple victims—both the cardholder and the issuing bank.

Under CGS § 53a-128d, it is a crime to steal, receive, or possess a credit card without authorization. Even if the card is never used to buy anything, simply having it in your possession when you know it’s stolen can be enough to face charges.

As a Stamford criminal defense lawyer with more than 30 years of experience, I regularly defend clients accused of financial crimes like credit card theft. My goal is always to protect your record, fight for the best outcome, and guide you through the court process with clarity and confidence.

What the Law Says

Connecticut General Statutes § 53a-128d states that a person is guilty of credit card theft if they:

1. Take or steal a credit card from another person, a mailbox, or any location.
2. Possess a stolen card knowing that it was lost, misdelivered, or taken without permission.
3. Receive a card obtained unlawfully, either directly or through another person.
4. Sell, give, or transfer a stolen credit card to someone else.
5. Keep a card delivered by mistake—for example, when a new credit card arrives in the mail for a neighbor and is intentionally not returned.

This law applies broadly. You don’t need to swipe the card or profit from it. Simply possessing or transferring it unlawfully can result in charges.

Penalties for Credit Card Theft

• Class A misdemeanor
  • Up to 1 year in jail
  • Fines up to $2,000
  • Probation and a permanent criminal record
• Felony exposure

  While § 53a-128d itself is a misdemeanor, if the stolen card is used to make purchases, additional charges like illegal use of a credit card (§ 53a-128c) or identity theft (§ 53a-129a) can raise the case to a felony level, carrying up to 5–10 years in prison depending on the facts.

Because financial crime cases often involve multiple statutes, a single incident can snowball into several charges, greatly increasing potential penalties.

Credit Card Theft in Real Life

Here are some real-world scenarios to show how this law is applied in Connecticut:

• Example 1: Stolen at the gym A wallet is stolen from a locker in a Stamford gym. Inside is a MasterCard. The thief never uses it but is caught by police with the card in his pocket. That alone is enough for a credit card theft charge under § 53a-128d.
• Example 2: Found but not returned Someone finds a credit card left behind at a restaurant table. Instead of returning it to staff or the police, they slip it into their wallet and keep it. Even if they never swipe the card, this is still credit card theft.
• Example 3: Buying stolen cards online A college student purchases credit card numbers and physical cards from an online forum. Even if caught before making a purchase, simply receiving those cards can trigger credit card theft charges along with conspiracy and identity theft.

How These Cases Are Prosecuted

Prosecutors usually focus on:

• Possession of the card – If it’s found in your wallet or vehicle, that alone is powerful evidence.
• Knowledge – They must prove you knew the card wasn’t yours.
• Intent – Even without use, intent to keep, transfer, or profit from the card can support the charge.

Evidence often includes surveillance video, transaction records, or digital forensics if the card was used online.

Related Offenses

Credit card theft is often filed alongside other charges, such as:

• Illegal Use of a Credit Card (§ 53a-128c)
• Identity Theft (§ 53a-129a)
• Forgery in the Second or Third Degree (§ 53a-139 / § 53a-140)
• Larceny (§ 53a-122 and related statutes)
• Conspiracy (§ 53a-48)

These companion charges can quickly elevate a misdemeanor case into a felony matter.

Defenses to Credit Card Theft Charges

Common defenses include:

• Lack of knowledge – You didn’t know the card was stolen or misdelivered.
• No intent to use – You had no plans to benefit from the card.
• Mistaken possession – You accidentally picked up the wrong wallet or card.
• Insufficient evidence – The State can’t prove the card was stolen or that you knew it was.
• Illegal search and seizure – If police searched you improperly, the evidence may be thrown out.

Why These Cases Matter So Much

Even though § 53a-128d is technically a misdemeanor, a conviction for credit card theft carries lasting consequences. It can:

• Ruin job opportunities, especially in finance, law, and government.
• Complicate licensing for professionals.
• Damage your reputation permanently.

For students and young professionals, a fraud conviction can be devastating. That’s why it’s critical to fight back early and protect your future.

Frequently Asked Questions About Credit Card Theft1. Do I Have to Actually Use the Card to Be Arrested for Credit Card Theft?

No. Just possessing or keeping a card you know isn’t yours can be enough.

2. Is Credit Card Theft Always a Felony?

No. It’s usually a Class A misdemeanor, but when paired with charges like identity theft or forgery, it can become a felony.

3. What if I Found a Card on the Ground and Put It in My Wallet?

If you knowingly kept it and failed to return it, you could still be charged.

4. What Happens if I Used Someone Else’s Card by Mistake?

Intent matters. A genuine mistake is a defense that your lawyer can raise.

5. Can a Minor Be Charged With Credit Card Theft?

Yes. Juveniles can be prosecuted, though cases may be handled in juvenile court.

6. What Are the Maximum Penalties?

Up to 1 year in jail and a $2,000 fine for a misdemeanor. Felony cases can carry 5–10 years.

7. Can This Charge Affect My Job or Future Career?

Yes. Fraud-related crimes can hurt employment prospects and professional licensing.

8. Will I Have to Pay Restitution if Convicted?

Yes, courts often order restitution if the card was used to make purchases.

9. Are Diversionary Programs Available?

Yes. First-time offenders may qualify for Accelerated Rehabilitation (AR), which can result in dismissal of charges.

10. How Can A Defense Lawyer Help?

An experienced lawyer can challenge intent, negotiate reduced charges, or secure diversionary programs to protect your record.

Take Action Now

Being accused of credit card theft under § 53a-128d is serious. Even if it seems minor, a conviction can follow you for life and expose you to companion felony charges.

If you or a loved one has been arrested for a credit card crime in Stamford, Norwalk, Greenwich, or anywhere in Connecticut, call me today. I have defended countless clients facing financial crime charges, and I know how to fight for the best outcome.

📞 Call Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 for a free consultation.

Or, if you prefer, you can contact me online through our confidential contact form and I will respond promptly to discuss your case.

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