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Connecticut General Statutes § 53a-128d – Credit Card Fraud
Credit card fraud allegations in Connecticut can have serious legal consequences, including felony charges, prison time, and a permanent criminal record. Prosecutors pursue these cases aggressively, often combining state financial crime laws with digital evidence. If you are facing charges under C.G.S. § 53a-128d, you need an experienced defense attorney who understands how to challenge the prosecution’s case and protect your future.
At Allan F. Friedman Criminal Lawyer, we have over 30 years of experience defending clients against financial crimes, identity theft, and white-collar charges throughout Connecticut.
Definition of Credit Card FraudUnder C.G.S. § 53a-128d, a person commits Credit Card Fraud when they unlawfully obtain, use, or possess a credit or debit card, or the information from such a card, with the intent to defraud. This includes:
- Using a stolen or revoked card
- Possessing a card without the cardholder’s consent
- Knowingly using a forged or counterfeit card
- Providing false information to obtain a card
- Using card information to make unauthorized transactions
Credit card fraud can involve physical cards or digital transactions, including e-commerce purchases, online payment processing, and card-not-present schemes.
Penalties for Credit Card FraudThe penalties for credit card fraud vary depending on the conduct and amount involved:
- Felony charges are common when the value of the goods or services obtained is significant or when the offense is part of a larger scheme.
- Sentences can include:
- Prison time
- Fines
- Restitution
- Probation
- A permanent criminal record
Credit card fraud is often prosecuted alongside other crimes such as:
- Identity Theft (C.G.S. § 53a-129)
- Larceny in the First Degree (C.G.S. § 53a-122) (over $20,000)
- Larceny in the Second Degree (C.G.S. § 53a-123) (over $10,000)
- Being charged under multiple statutes can dramatically increase potential penalties and complicate your defense.
Defending against credit card fraud requires a thorough understanding of transactional evidence and digital trails. Common defenses include:
- Lack of intent: You did not know the card or information was unauthorized.
- Mistaken identity: Another person used your identity or account.
- Authorization existed: You had the cardholder’s permission.
- Illegal search/seizure: Evidence obtained without a valid warrant can be suppressed.
Many first-time defendants are eligible for Connecticut’s Accelerated Rehabilitation (AR) Program, which can result in dismissal and erasure of charges.
Related OffensesCredit card fraud charges frequently appear with other offenses:
- Identity Theft (C.G.S. § 53a-129)
- Larceny in the First Degree (C.G.S. § 53a-122)
- Larceny in the Second Degree (C.G.S. § 53a-123)
- Computer Crime (C.G.S. § 53a-251)
These interconnected statutes require a strategic, comprehensive defense.
Examples of Credit Card Fraud Allegations- Using a found or stolen credit card to make purchases.
- Entering stolen card information online to buy goods.
- Processing payments as part of a scheme you were unknowingly recruited into, only to be charged later.
- Applying for credit using false personal information.
1. What qualifies as credit card fraud in Connecticut?
Any unauthorized use, possession, or acquisition of a credit or debit card, or its information, with intent to defraud.
2. Is credit card fraud always a felony?
Not always, but larger amounts or schemes usually result in felony charges.
3. Can I be charged if I didn’t know the card was stolen?
You can be charged, but lack of knowledge is a strong defense we can present.
4. What if someone used my account without my permission?
We can demonstrate mistaken identity and challenge evidence linking you to the transactions.
5. How do prosecutors prove credit card fraud?
Through bank records, merchant logs, surveillance footage, and digital forensics. We can challenge their accuracy and admissibility.
6. Can I face federal charges for credit card fraud?
Yes. If the conduct involves interstate transactions, federal agencies like the Secret Service may investigate.
7. What is a “money mule” in credit card cases?
A person unknowingly used by criminals to move stolen funds. Proving this can lead to reduced charges or dismissal.
8. Are diversionary programs available for first-time offenders?
Yes. The Accelerated Rehabilitation (AR) Program is often available for non-violent, first-time offenders.
9. Will a conviction affect my future?
Yes. It can impact employment, housing, professional licensing, and immigration status.
10. What should I do if I’ve been accused of credit card fraud?
Do not speak to investigators without an attorney. Contact us immediately for representation.
- 30+ years of experience in defending financial crimes in Connecticut.
- Skilled in challenging digital and transactional evidence.
- Proven results in reducing, dismissing, and winning fraud cases.
- Personalized attention to every client.
If you have been charged with Credit Card Fraud under C.G.S. § 53a-128d, you need a lawyer experienced in defending financial crime cases and challenging digital and transactional evidence.
Call Allan F. Friedman Criminal Lawyer today at (203) 357-5555 for a free, confidential consultation.
