When facing charges related to unauthorized credit card use in Atlanta, many people don’t realize that Georgia law distinguishes between two separate offenses: credit card fraud and financial transaction card theft. While both involve payment cards and can result from similar situations, they’re defined differently under Georgia law, carry distinct penalties, and require different defense strategies. The confusion between these charges often stems from the fact that a single incident can potentially involve both offenses, or prosecutors may charge one when the evidence better supports the other. Understanding these distinctions becomes critical when building an effective defense and negotiating with prosecutors.
What Constitutes Financial Transaction Card Theft?
Under Georgia Code § 16-9-31, financial transaction card theft occurs when someone takes, obtains, or withholds a credit card, debit card, or similar payment card from another person without their consent. This offense focuses on the physical act of acquiring the card itself, not necessarily using it.
Common scenarios that constitute card theft include stealing a wallet containing credit cards, finding a lost card and keeping it rather than returning it to the owner or bank, taking a card from a family member’s purse without permission, or obtaining someone’s card through deception or false pretenses. The critical element is the unauthorized possession of the physical card or card information.
Financial transaction card theft can be charged as either a misdemeanor or felony depending on the circumstances. If the theft involves a single card within a six-month period, it’s typically charged as a misdemeanor punishable by up to 12 months in jail and fines up to $1,000. However, if the accused allegedly took two or more cards within a six-month period, or if the card was taken from multiple victims, the charge elevates to a felony carrying one to three years in prison.
What Constitutes Credit Card Fraud?
Credit card fraud, governed by Georgia Code § 16-9-33, focuses on the unauthorized use of card information rather than physical possession of the card itself. This offense occurs when someone uses a card, card number, or card information without the cardholder’s authorization and with intent to defraud.
Examples of credit card fraud include using someone else’s card number to make online purchases, using a stolen credit card to buy merchandise or services, using an expired or cancelled card knowing it’s no longer valid, or providing false information to obtain a credit card. The distinguishing factor is the fraudulent use or attempted use of card information, regardless of whether the person ever physically possessed the card.
Credit card fraud penalties depend on the value of the fraudulent transactions within a six-month period. Transactions totaling less than $100 result in misdemeanor charges with potential jail time up to one year. Fraudulent use involving $100 to $5,000 within six months is a felony punishable by one to three years imprisonment. Amounts exceeding $5,000 carry even harsher penalties of one to ten years in prison.
Key Differences That Matter in Court
The fundamental distinction between these offenses lies in what the prosecution must prove. For financial transaction card theft, prosecutors must demonstrate that the accused unlawfully obtained or possessed the card itself. The State doesn’t necessarily need to prove the card was used, merely that it was taken or withheld without authorization.
For credit card fraud charges, possession of the physical card isn’t required. Prosecutors must instead prove unauthorized use or attempted use of card information with fraudulent intent. This means someone could face fraud charges even if they never touched an actual card, such as when using card numbers obtained through data breaches or phishing schemes.
These distinctions create different defense opportunities. In card theft cases, defense strategies might focus on challenging whether the accused actually took the card, whether they had permission to possess it, or whether they intended to return it. For fraud cases, defenses often center on whether the accused actually used the card information, whether they had authorization from the cardholder, or whether they intended to defraud anyone.
Why People Face Both Charges Simultaneously
Prosecutors frequently charge both offenses arising from the same incident. For example, if someone steals a credit card from a purse and then uses it to make purchases, they could face both financial transaction card theft (for taking the card) and credit card fraud (for using it). This charging approach gives prosecutors leverage in plea negotiations and ensures that if evidence for one charge proves insufficient, the other might still result in conviction.
However, this dual charging can also create opportunities for defense. If the evidence clearly shows unauthorized use but no actual theft of a physical card, the fraud charge may be appropriate while the theft charge should be challenged. Conversely, if someone possessed a card without permission but never used it, the theft charge might stand while fraud charges lack evidentiary support.
Defending Against Card-Related Charges
Both offenses require prosecutors to prove intent, that the accused knowingly acted without authorization and intended to deprive the owner of the card or to defraud. Challenging the element of intent becomes crucial in many cases. Perhaps the accused believed they had permission to use the card, or there was a misunderstanding about authorization. Family disputes, business relationships, and shared accounts often create ambiguities that can support intent defenses.
At The Law Office of Ahmad R. Crews, LLC, we approach fraud charges by thoroughly examining the specific facts of each case and the evidence supporting each element of the charges. We investigate whether prosecutors have charged the appropriate offense given the actual conduct involved, prepare motions to challenge evidence obtained through improper searches or interrogations, and analyze whether the State can prove fraudulent intent beyond a reasonable doubt.
Our firm’s focus on criminal defense means we stay current on how Georgia courts interpret and apply these statutes. We understand that these charges often arise from complicated personal or business situations, and we work to present the full context to prosecutors and judges. Whether your case involves questions about authorization, intent, or the sufficiency of the evidence, we dedicate ourselves to building the strongest possible defense.
If you’re facing credit card fraud or financial transaction card theft charges in Atlanta, understanding the specific accusations against you is the first step toward an effective defense. To discuss the details of your case and explore your legal options, visit our contact page for guidance tailored to your situation.