Credit card fraud is rampant and states are cracking down on unauthorized possession and use of credit and debit cards everywhere. Tulsa, Oklahoma is no exception.
Unauthorized use of a credit card Oklahoma is a type of fraud; the same law applies to debit cards. This crime is also closely related to identity theft.
FAQ: Unauthorized Use of a Credit Card Oklahoma
Fraud is punishable at both the state and federal level. It is a crime of intent. You must intentionally seek to deprive someone of their goods or money.
If you possess or commit unauthorized use of a credit card Oklahoma, you could be charged with fraud in Tulsa. Fraud can be a serious crime.
Penalties
In Oklahoma, unauthorized use or possession of another’s credit or debit card can be treated as a misdemeanor if the amount involved is $500 or less. It is punishable by a fine of up to $500 and up to 30 days in jail. However, if the amount exceeds $500, you could face a fine between $500 and $1,000 and a year in jail. Okla. Stat. tit. 21 § 1550.2
An Oklahoma District Attorney could also charge this unauthorized use as a felony. Oklahoma’s Credit Card Act makes it possible to charge you with a felony for the mere possession of someone else’s credit card. Simply picking up a person’s credit or debit card and pocketing it may subject you to serious consequences; you could face a fine of up to $3,000 and up to seven years behind bars. Okla. Stat. tit. 21 § 1550.33
A misdemeanor credit card crime is punishable by a fine of up to $1,000, up to a year in jail, or both. A felony is punishable by up to seven years in prison.
The statute differentiates a felony from a misdemeanor at $1,000. If the value of the goods or services obtained are $1,000 or less, you can be charged with a misdemeanor.
Felonies will involve sums above $1,000. In addition, if the illegal act involves the taking of money or property on a recurring basis, those offenses may be aggregated so that a felony charge may result.
You could also be charged with identity theft in Oklahoma.
It is a crime for anyone to fraudulently obtain certain identity markers for the bettering of their own financial situation. These markers include a person’s name, address, Social Security number, date of birth, debit and credit account numbers, and the like. These markers, when used by the identity thief, can be used to obtain money, credit, goods, and services. Okla. Stat. tit.21 § 1533.1
In Tulsa, an identity theft conviction is punishable by a prison term from one to five years. You may also have to pay a fine of up to $100,000. The court also has the ability to order you to pay restitution to the victim. Finally, the victim may also sue you in civil court for additional damages.
Possible Defenses
There are defenses to these crimes. If you are being charged, you should speak to an experienced Tulsa criminal attorney as soon as possible to see if you have a viable defense.
Lack of intent may be a possible defense to a charge of fraud. So if you are in possession of someone else’s credit card, but have no intent to use it, you may have a defense.
Mistake is another possible defense. This can arise in a couple of ways — mistaken identity or you actually had permission to use the card. Both of these are viable defenses.
Initial Strategy Session: Tulsa Criminal Defense Attorney
If you or someone you know is charged with unauthorized use of a credit card Oklahoma, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced Tulsa attorney today, by calling 918-756-9600 .
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