Understanding Credit Card Fraud Charges Under Maryland Law

Credit card fraud is a serious criminal offense in Maryland, and the law imposes strict penalties on those convicted. Maryland law specifically addresses fraud in procuring the issuance of a credit card under Maryland Code, Criminal Law section 8-203 through 8-209, as well as other offenses related to credit card theft, counterfeiting, and unauthorized use.

What Constitutes Credit Card Fraud?

Maryland law outlines several offenses related to credit card fraud, including:

Fraud in Procuring Issuance of a Credit Card

According to MD Code, Crim Law Section 8-203, an individual commits credit card fraud if they:

Make a False Statement to Obtain a Credit Card: Providing false information in writing about their identity or another person’s identity to obtain a credit card.
Knowingly Submit False Information: The person must be aware that the statement they are making is false.
Intent to Defraud: The false statement must be made with the intent that it be relied upon to issue a credit card.

Credit Card Theft

Under MD Code, Crim Law Section 8-204, an individual commits credit card theft if they:

Take a credit card from another without the cardholder’s consent.
Receive a lost or misdelivered credit card and keep it with the intent to use or transfer it.
Sell or buy a credit card without authorization from the issuer.

Credit Card Counterfeiting

According to MD Code, Crim Law Section 8-205, credit card counterfeiting includes:

Falsely making or embossing a credit card without authorization.
Possessing or transferring a counterfeit credit card.
Signing a credit card without authorization.

Obtaining Property by Counterfeit, Stolen, or Fraudulent Credit Card

Under MD Code, Crim Law Section 8-206, it is illegal to:

Use a stolen or counterfeit credit card to obtain money, goods, or services.
Misrepresent oneself as the cardholder without consent.

Fraud in Honoring Stolen or Counterfeit Credit Cards

According to MD Code, Crim Law Section 8-207, a merchant or individual authorized to process transactions may not knowingly:

Accept a stolen or counterfeit credit card in exchange for goods or services.
Misrepresent a transaction to the credit card issuer.

Possession of Incomplete or Reproducing Credit Cards Without Consent

Per MD Code, Crim Law Section 8-208, a person may not:

Possess an incomplete credit card with intent to complete it fraudulently.
Possess devices used to create counterfeit credit cards.

Receiving Property Obtained with Stolen or Fraudulent Credit Cards

Under MD Code, Crim Law Section 8-209, it is illegal to:

Receive goods, money, or services obtained through fraudulent credit card transactions.

Penalties for Credit Card Fraud in Maryland

The penalties for credit card fraud vary based on the offense:

Fraud in procuring issuance of a credit card (CR 8-203): Misdemeanor, up to 18 months in jail and fines up to $500.
Credit card theft (CR 8-204): Misdemeanor, up to 18 months in jail and fines up to $500.
Credit card counterfeiting (CR 8-205): Felony, up to 15 years in prison and fines up to $1,000.
Obtaining property by fraudulent use of a credit card (CR 8-206): Depending on the value, penalties range from 90 days in jail for amounts under $100 to 20 years in prison and $25,000 fines for amounts exceeding $100,000.
Fraud in honoring stolen credit cards (CR 8-207): Similar penalties apply based on value thresholds.
Possessing incomplete or reproducing credit cards (CR 8-208): Felony, up to 15 years in prison and fines up to $1,000.
Receiving property through fraudulent credit card use (CR 8-209): Similar penalties apply based on value thresholds.

Defenses Against Credit Card Fraud Charges

If you have been charged under MD Code, Crim Law Section 8-203 - 8-209, several defenses may be available:

Lack of Intent: The prosecution must prove intent to defraud. If the statement was made in error without fraudulent intent, it may serve as a defense.
Consent from the Cardholder: If the owner permitted you to use their card, the charges may not hold.
Mistaken Identity: If someone else used your personal information or card, you may not be responsible.
Insufficient Evidence: The burden of proof is on the prosecution to establish guilt beyond a reasonable doubt.

Why You Need a Criminal Defense Attorney

Credit card fraud charges carry severe consequences that can impact your future. A skilled attorney can analyze the case, challenge weak evidence, and negotiate reduced charges or dismissals when possible. At FrizWoods, we provide experienced legal representation for those accused of fraud-related offenses in Maryland.

FAQs

Q: Is credit card fraud always a felony in Maryland?

A: No. Some offenses, such as fraud in procuring a credit card or credit card theft, are misdemeanors. More serious crimes like counterfeiting or large-scale fraud are felonies.

Q: Can I be charged if I accidentally provided incorrect information?

A: If you lacked intent to defraud and can demonstrate the mistake, this may serve as a valid defense.

Q: What should I do if I’m accused of credit card fraud?

A: Do not speak to law enforcement without legal representation. Contact an attorney immediately to discuss your defense options.

If you or someone you know is facing credit card fraud charges, contact FrizWoods today for a confidential consultation.

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