A Guide To Credit Card Theft Charges In NJ

Credit card fraud and theft are treated seriously by the New Jersey justice system, and can carry prison time, heavy fines and civil penalties depending on the severity of the offense. Unfortunately, regardless of whether you did not intend to defraud someone or take a credit card, these charges can land you in serious trouble.

An experienced theft and fraud defense attorney knows that the circumstances of these crimes can be the result of even a simple misunderstanding or mistake made in desperation, and will fight as hard as possible to ensure that you get the minimum sentence possible and the second chance you deserve.

What do credit card theft or fraud charges include? 

These charges cover a range of offenses that include:

  • Being in possession of two or more credit cards not in your name – regardless of whether they have been used or not.
  • Using a credit card that is not in your name.
  • Applying for a credit card using false information.
  • Signing for a credit card when you are not the named person on the card.
  • Using a credit card when the account has been closed.

While most credit card cases are charged as fourth degree crimes with a possible penalty of 18 months in prison, some cases are charged in the third degree, which can mean up to 5 years behind bars. Your sentence may also be influenced by other factors in the case, including your previous criminal history (if any) and the details of the crime itself. It is up to your attorney to use this information to build the strongest defense possible and show your case in a way that will minimize these penalties as much as possible.

Don’t let a misunderstanding or mistake cost you your freedom – Speak to defense attorney Denis Calo today 

Dennis Calo is a former prosecutor in the New Jersey criminal justice system, and has inside knowledge of how the prosecution system works and he can build a robust defense against your fraud charges and fight for your rights.

Your freedom deserves a fight, credit card theft defense attorney Dennis Calo today.

Original content posted on http://www.criminaldefense-nj.com/blog/a-guide-to-credit-card-theft-charges-in-nj/

Penalties associated with theft charges in New Jersey

In New Jersey, theft isn’t regarded as a minor criminal charge. In fact, it can result in serious jail time – and even a shoplifting conviction can leave you with a permanent criminal record, says our leading theft defense attorney in NJ.

Theft laws and penalties in NJ 

In New Jersey, theft is considered to be the unlawful taking or exercise of control over someone else’s property. If convicted, the the State will seek to implement a sentence that is directly related to the monetary value of the goods or services in question i.e. the more valuable they are, the stiffer the penalties that follow.

  • Less than $200: This is categorized as a disorderly person’s offense and carries a potential sentence of up to 6 months of jail time.
  • Between $200-$500: This is a 4th degree crime carrying up to 18 months of jail time.
  • From $500-$75,000: This is a 3rd degree crime with convictions carrying up to 5 years of jail time.
  • $75,000 or more: This is a 2nd degree crime carrying jail time of up to 10 years.

Theft as a second degree crime

Theft charges can fall under 2nd degree crimes if the property or services are valued at over $75,000, if extortion was used to obtain them or if they consist of controlled dangerous substances amounting to over 1kg.

Theft as a third degree crime 

Including the requirement that the property or services in question are valued between $500 and $75,000, theft can also be considered a 3rd degree crime when the property is a gun, pet or vehicle, when it is a controlled dangerous substance under 1kg, when it is taken by threat, is someone else’s benefits or is a blank prescription.

Protect your rights when facing theft charges – call a top theft defense lawyer in NJ 

If you are facing theft charges or are concerned that you may be charged with theft, it is vital that you contact a theft defense attorney as soon as possible. Theft charges can happen to anyone, and it is important to note that you can be charged with these crimes even if you were unaware that property was stolen or were simply in the wrong place at the wrong time.

Dennis Calo is a theft defense attorney with over 40 years of experience behind him. As a former prosecutor, he understands both sides of the case to provide clients with the best possible defense against a wide range of charges.

The consultation is free, call criminal defense attorney Dennis Calo now.

Original content posted at http://www.criminaldefense-nj.com/blog/penalties-associated-with-theft-charges-in-new-jersey/

What is considered fraud in New Jersey?

Did you know that the State of New Jersey aggressively pursues fraud charges? The penalties for fraud vary from case to case and depend on the charges that are laid – but even minor penalties can destroy your future and give you a permanent criminal record. Here’s some advice from a leading fraud defense lawyer in NJ.

What types of fraud charges are there in New Jersey?
The most common types of fraud charges in this state include:

  • Credit card fraud: There are two sets of charges for credit card fraud to cover how the card was obtained and how it was used. These cases can include examples such as theft of a credit card, application fraud, buying and selling credit cards or fraudulently signing a credit card.
  • Healthcare and insurance fraud: This includes using someone else’s information or name to create false records, knowingly misleading an insurance company or even omitting facts when applying for insurance or healthcare. Even exaggerating the facts on an insurance claim is considered insurance fraud.
  • Identity theft or fraud: These charges cover the use of someone else’s identity in order to obtain a benefit or defraud someone else. This can be as simple as stating a different identity orally or through a written application for a service or benefit. Under these terms, using a fake ID to obtain alcohol can be considered identity theft.

Penalties for fraud in New Jersey
The penalties for being convicted for fraud are dependent on the type of offense and the value of the property or money involved, and can range up to 10 years in prison and fines of up to $100,000. Additional potential civil penalties can also apply in certain cases and, if you are not a U.S. citizen, these charges can also be used as grounds for deportation.
Get a free fraud case evaluation today from a top defense attorney
Facing fraud charges can be frightening, but an experienced fraud defense lawyer can offer you the best route to a solution. With 40 years of experience in theft and fraud cases, Dennis Calo can build the strongest defense for your case and protect your rights through robust representation all the way to fighting your case at trial. In some cases, Dennis may even be able to assist you in getting into New Jersey’s diversionary program, which may help you avoid jail time altogether and keep your permanent record clear.
The consultation is free, so contact bergen county criminal defense attorney Dennis Calo now or visit www.criminaldefense-nj.com.

This content was originally published at http://www.criminaldefense-nj.com/blog/what-is-considered-fraud-in-new-jersey/

What are the main types of fraud addressed by the NJ criminal code?

Fraud charges are indictable offenses in New Jersey that can cover a wide range of crimes, ranging from credit card fraud to insurance fraud and everything in between. The sentences for these charges also vary according to different factors, including the amount of money stolen, and include jail time and heavy fines.

If you have been charged with fraud or theft, or suspect that you may face these charges, it’s important to speak to an experienced defense attorney. With the right defense, you have the best chance of avoiding potentially life-altering prison time, fines and a permanent criminal record.

 What types of fraud are most common in New Jersey? 

  • Credit card fraud: There are two sets of laws that cover credit card fraud, firstly dealing with how the credit card was obtained and secondly, how it was used. Charges in these categories include credit card theft, credit card application fraud, fraudulent credit card creation, buying or selling credit cards, fraudulently signing a credit card and fraudulent use of a credit card.
  • Insurance fraud: This can be charged as a third degree indictable offense (felony) and carry a second degree charge and even stricter penalties if it is a repeat offense. These laws cover information that is submitted to an insurance company that misleads the company in order to acquire an insurance payout or policy renewal, and includes any insurance company – including Worker’s Compensation claims as well as Medicaid, benefits, unemployment insurance and auto insurance.
  • Telemarketing fraud: These laws cover scams that are committed as or under the guise of a telemarketer and are designed to convince the victim to send money, attend a sales presentation or give out their credit card number in exchange for an often worthless prize. These charges carry penalties that include fines, injunctions, damages and class action lawsuits.

What does the State of New Jersey have to prove in fraud cases? 

As with other criminal charges, the State has to provide enough evidence to prove the charges beyond a reasonable doubt. The elements the State will focus on will be determined by each individual case, but are likely to include:

  • Intent to defraud: They have to prove that you intentionally mislead the victim in order to commit fraud.
  • Misrepresentation of material fact: The victim has to have been misled regarding a fact that is relevant to the transaction.
  • Knowledge of the misrepresentation: The prosecution has to be able to prove that you knew you were misleading the victim or that you knew you were misleading a material fact.
  • Injury to the victim: In certain cases, the prosecution must be able to show that the victim suffered actual damages as a result of the fraud. 

Facing fraud or theft charges in NJ? Speak to a leading defense attorney today 

Dennis Calo is a highly respected and successful criminal defense attorney in New Jersey with over 40 years of experience. As a former prosecutor, he understands both sides of his cases and is able to provide clients with the best possible defense against a wide range of charges, including theft and fraud.

If you want a criminal defense lawyer that you can trust to defend your case professionally and aggressively, contact us at our law firm today and find out how Dennis Calo can help you.

This content was originally posted at http://www.criminaldefense-nj.com/blog/what-are-the-main-types-of-fraud-addressed-by-the-nj-criminal-code/

What is considered domestic abuse?

In the State of New Jersey there are very strict laws regarding domestic abuse or domestic violence. Here is a guide to these laws from a leading NJ criminal defense attorney.

Who can be a victim of domestic violence?

Domestic violence laws only apply in certain circumstances, that is, when an adult or emancipated minor commits an offense against a person who meets the state’s criteria for being a domestic violence victim. In New Jersey, these include people who are:

  • Current or former spouses who are 18 years old or more/an emancipated minor
  • Current or former household members who are 18 years old or more/an emancipated minor
  • The parent of a child (or someone expecting a child) with the perpetrator
  • Dating or former romantic partners of the perpetrator or present or former household members

What charges are covered by domestic violence?

If it is established that the victim fits the criteria of a domestic violence victim, the following charges can be brought under domestic violence law:

  • Homicide
  • Assault
  • Kidnapping
  • False imprisonment
  • Criminal restraint
  • Terroristic threats
  • Sexual assault
  • Sexual contact
  • Lewdness
  • Criminal mischief
  • Burglary
  • Criminal trespass
  • Harassment
  • Stalking

Each of these charges will carry a different sentence or penalty based on the severity of the crime and the unique circumstances of the case, ranging from probation jail time and fines to lengthy jail time.

What powers do law enforcement have in instances of alleged domestic violence?

Police and law enforcement have considerable powers in situations of perceived domestic violence. They are under obligation to arrest a suspect and file a complaint in situations where a person claims to be a victim of domestic violence (and the officer has sufficient evidence to believe the claim), where the victim has visible signs of injury, where there is an arrest warrant out/a restraining order has been violated and if a weapon was used.

If both parties are claiming domestic violence abuse against them, then other factors will come into play including the different levels of injury and their history of domestic violence.

What should I do if I have been charged with domestic violence?

Domestic abuse crimes are serious in nature and carry severe penalties, so it is essential that you contact an experienced criminal defense attorney with a background in domestic violence cases if you have already been charged or suspect that you will be.

Dennis Calo is a highly respected and successful criminal defense attorney in New Jersey with over 40 years of experience. As a former prosecutor, he understands both sides of his cases and is able to provide clients with the best possible defense against a wide range of charges, including domestic violence.

If you want a criminal defense lawyer that you can trust to defend your case professionally and aggressively, contact us today and find out how Dennis Calo can help you or visit www.criminaldefense-nj.com for more information.

 

This content was originally posted at http://www.criminaldefense-nj.com/blog/what-is-considered-domestic-abuse/