When you think of credit card theft, you probably think of stealing a card right out of someone’s wallet. But that isn’t always how it works. What if you had permission to use someone’s card, and then they changed their mind? Or you accidentally used a company credit card for unapproved expenses? You could still be charged with credit card theft.
You may be wondering what happens next, whether you’ll face jail time, or if there’s any way to defend yourself. Facing these questions without a clear understanding of the law makes it even harder to know what to expect. We’ll go over everything you need to know about first-time offenses for credit card theft, from the charges and possible penalties to the legal defenses available and how a defense attorney can help you protect your rights.
What Is Credit Card Theft in Oklahoma?
Using a stolen card is the most common reason people are charged with credit card theft in Oklahoma. “Stolen” doesn’t just mean you physically took it out of someone’s wallet or home—although it can—and “use” doesn’t just mean making purchases at a store. Any type of transaction can be considered “use,” including sending yourself cash advances, direct deposits, or online transfers.
Oklahoma law also covers a variety of ways a person can illegally obtain or use a card, even without ever holding the physical card in their hands. Here are some of the main ways credit card theft happens:
- Embezzlement: If you’ve been trusted with access to a credit card for a specific reason but use it for personal purchases outside of what was allowed, that’s considered embezzlement. For example, using a company credit card for personal purchases.
- False Pretenses: This happens when you trick or lie to someone to get their credit card, like if you pretend to be someone they trust or promise to use the card for legitimate purposes, but instead use it for personal gain.
- Mislaid Card: This is when you come across a credit card someone has lost or left behind, like at a restaurant or store, and instead of trying to find the owner or report it, you use it or keep it. Even though the card wasn’t stolen, using it without permission—or even having it in your possession—is still illegal.
- Receiving a Stolen Card: Even if you didn’t steal the card yourself, it’s illegal to possess or control a card you know or have reason to believe was stolen.
- Signing Someone Else’s Card: Forging someone’s signature or signing a credit card that’s not yours is also illegal, even if you haven’t made a purchase.
What Does the Court Need to Prove?
To convict someone of credit card theft, first-time or otherwise, the court must show evidence for several elements based on the type of crime involved. Let’s break down the main points the court needs to prove for each type of theft.
To get a conviction for stealing a card, the court must show:
- The card was in the possession, custody, or control of someone else.
- You took it without the cardholder’s consent or permission.
To convict you for receiving a stolen card, the court needs to prove:
- You received a credit or debit card.
- The card was taken from another person’s possession, custody, or control.
- You knew that the card was stolen or taken without permission.
- You intended to use, sell, or transfer the card to someone other than the rightful owner.
For a mislaid card, the court must show:
- You received, held, or concealed a lost or mislaid credit card that you did not have permission to use.
- You knew, or should have known, that the card belonged to someone else.
- Instead of returning the card, you kept it for personal use or gave it to someone who wasn’t entitled to it.
For unauthorized use of a card, there’s an additional need to show that you actually used or attempted to use the card. The court must prove:
- You knowingly used or attempted to use a credit or debit card.
- The card was issued to another person.
- The cardholder did not give you permission.
What’s the Punishment for First-Time Credit Card Theft?
The punishment for a first-time credit card theft offense in Oklahoma can vary depending on the nature of the crime. Minor offenses, such as receiving or possessing a stolen card without using it, are treated as misdemeanors. Here’s a breakdown of the possible penalties:
Receiving, possessing, or signing a stolen card:
- These are all misdemeanors.
- The maximum fine is $1,000.
- The maximum jail time is 1 year.
Unauthorized use of a card if the amount spent, obtained, or transferred is less than $500:
- This is a misdemeanor.
- The maximum fine is $500.
- The maximum jail time is 30 days.
Unauthorized use of a card if the amount is more than $500:
- This is also a misdemeanor.
- The maximum fine is $500.
- The maximum jail time is 1 year.
Will I Go to Jail for First-Time Credit Card Theft?
Whether you go to jail for a first-time credit card theft offense depends on several factors. The severity of the crime and your personal background can play a major role in the outcome. Courts consider both aggravating and mitigating factors when deciding on punishment.
Aggravating Factors
Aggravating factors make the crime more serious and increase the chance of jail time. They include:
- Violence or threats were used during the crime.
- The theft was part of a larger criminal scheme or organization.
- The victim was particularly vulnerable, such as an elderly person or someone with a disability.
- Multiple cards were stolen or used in a single incident.
Mitigating Factors
Mitigating factors may reduce the likelihood of going to jail. They include:
- You’ve shown remorse for your actions and are willing to pay restitution (pay back what was stolen).
- You cooperated with the police and other authorities during the investigation.
- You have no previous criminal record or prior offenses.
- The crime was not part of a larger criminal operation and was an isolated incident.
How to Fight a First-Time Offense for Credit Card Theft
If you’ve been charged with credit card theft, it’s important not to admit to anything or cooperate with authorities until you’ve spoken with an attorney. While these can be mitigating factors if you decide to negotiate a plea deal, it’s always smart to see if you might have another defense strategy. Here are some common defenses that may be used in court:
- Lack of Intent: If you had a stolen card in your possession but didn’t use it, you may have intended to give it back to the rightful owner.
- Permission: You had permission from the cardholder to use their card, but they later changed their mind or forgot they gave you access.
- Mistake: You used the card by accident, perhaps confusing it with your own or another authorized card.
If your lawyer believes it’s in your best interest, they may work out a plea deal. This involves negotiating with the prosecution for a reduced charge or lighter sentence, like a deferred sentence.
Defend a First-Time Credit Card Theft Offense
If you’re facing a first-time offense for credit card theft, it’s important to have a skilled attorney by your side. Credit card theft laws are complex, and an attorney can help you navigate the legal process, build a strong defense, and work toward the best possible outcome for your case. Contact Khalaf Law Firm today to discuss your case and get the legal representation you need.