Illegal possession or fraudulent use of a credit card in Tennessee is
one of the state’s theft crimes. It is found in Tennessee Code
Annotated 39-14-118.
Possession of someone else’s card and actual use of it are two
different crimes. A person commits the crime of illegal possession of a
credit or debit card who, knowing that they do not have the consent of
the owner or issuer, takes, exercises control over or otherwise uses
that card or information from that card.
Fraudulent use of a credit or debit card is when a person uses, or
allows to be used, a credit or debit card or information from that card,
for the purpose of obtaining property, credit, services, or anything
else of value. The person must do so with the knowledge that the card
is forged or stolen, the card is revoked or cancelled, the card is
expired and the person uses the card with fraudulent intent, or for any
other reason the use of the card is unauthorized by either the issuer or
the owner.
Fraudulent use of a credit card in Tennessee is punished the same way
as theft of property. If it’s $500 or less it is a misdemeanor. Over
$500 is a felony, and the greater the amount the more punishment it
brings. For instance, fraudulent use of a credit card for $2500 will
bring more punishment than $501. $10,000 will bring even greater
punishment.
Fraudulent possession of a credit card, where no property, credit,
services, or goods are actually received or obtained, is a misdemeanor.
Since there was nothing actually taken, there is no dollar amount on
which to punish the crime. The possession itself is the crime.
If you’ve been charged with this offense, you should talk to a
Memphis fraud defense lawyer. You may have legitimate defenses that
should be brought to the court’s attention. Did you actually commit
credit card fraud? Did you have the intent to use the card fraudulently
or did you think it was legal? Did you have the owner’s consent? Are
there bank or credit card statements that could prove your innocence?
Economic crimes, especially electronic ones, can be very complex, and
these sorts of issues must always be explored.
People charged with fraudulent use of a credit card in Tennessee will
want to know if they will go to jail and will they receive a permanent
criminal conviction. As for going to jail, probably not if he or she
does not have an extensive criminal record. It’s a non-violent offense,
and if you’re convicted and you show the judge you are sincere in
accepting responsibility, you’ll probably receive probation.
Additionally, if you’re a first-time offender you would be eligible to
have the charge removed from your record under Tennessee’s diversion
law.
Article Source: http://www.stegall-law.com
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