Credit card fraud is a prevalent offense in Iowa. Unfortunately, credit card numbers are illicitly obtained and used for unauthorized purchases every day. Those accused of credit card fraud face severe penalties, underscoring the seriousness of this crime. If you are confronting such charges, it’s crucial to seek legal counsel from a Des Moines Criminal Defense Lawyer.
What Penalties Can I Face for Credit Card Fraud in Iowa?
In Iowa, credit card fraud occurs when a person uses a credit or debit card to obtain property or services with the knowledge that the card is stolen, forged, revoked, canceled, or otherwise unauthorized. It’s important to note that the state broadly defines “payment card” to include credit cards, charge cards, debit cards, and any other card used to acquire goods or services. The penalties you can face for this offense vary in severity depending on the value of property or services obtained through the fraudulent use of the card.
- Class C Felony: If the value of the property or services stolen exceeds $10,000, it’s a Class C felony, which is punishable by up to 10 years of imprisonment and fines between $1,000 and $10,000.
- Class D Felony: If the value of the property or services stolen is between $1,000 and $10,000, it’s classified as a Class D felony, which is punishable by up to 5 years of imprisonment and fines between $750 and $7,500.
- Aggravated Misdemeanor: If the value of the property or services is under $1,000, a conviction carries up to 2 years behind bars and fines between $625 and $6,250.
Victims of credit card fraud in Iowa are also entitled to private right of action against the perpetrator to recover financial damages, which include costs related to repairing their credit history.
What Defenses Are Available?
Successfully challenging credit card fraud charges depends on the unique circumstances of the case, as several potential defense strategies can be employed. Common defenses include:
- Lack of Intent: Credit card fraud charges necessitate proof of intent to deceive. Demonstrating that actions were accidental, a misunderstanding, or lacked fraudulent intent can lead to reduced or dismissed charges.
- Authorized Card Use: If you had explicit permission from the cardholder to use the credit card, this may be a valid defense.
- Mistaken Identity: This defense asserts that the accused was not the perpetrator. Evidence such as an alibi, or proof that another party used the defendant’s information can establish an error in identification.
- Challenging the Evidence: Your attorney can meticulously examine the prosecution’s evidence, including transaction records, surveillance footage, and witness testimonies, to uncover inconsistencies or procedural infringements in its collection. Illegally obtained evidence may be deemed inadmissible, potentially weakening the state’s case.
- Duress or Coercion: If you were forced or coerced into participating in this fraudulent act through threats or pressure, this defense may be raised.
- Entrapment: This defense is only applicable when law enforcement officials induced or coerced you into committing a crime you would not have otherwise committed.
If you have been charged with credit card fraud in Iowa, it’s in your best interest to connect with an experienced attorney. At Herting Law, PLLC, we are prepared to help shield you from an uncertain future. Contact our firm today to schedule a consultation.
