If you have taken someone’s debit or credit card and used it without their permission, or just used those cards numbers to obtain goods and services online or in stores, you may be charged with a theft offense known as Access Device Fraud. An “access device” can include a credit card, debit card, pin number, account number, login or other method used to access electronic funds.
The crime of access device fraud covers the use of counterfeit cards, the use of the access device or account information of another without their permission, use of a revoked or cancelled card, and several other unique ways in which electronic funds are obtained illegally. The grading of the crime of access device fraud can range from a misdemeanor three all the way up to a felony three, depending on the methods and amounts involved. Considering that the statutory maximum penalty for a felony three offense is seven years, access device fraud is no minor matter.
It’s also important to realize that an offense that ends with you being charged with access device fraud may also lead to other similar related charges. For example, if you use someone’s credit card and debit card and then sign the sales receipt, you may also be charged with forgery, another felony. Other common charges accompanying access device fraud include identity theft, theft by unlawful taking, receipt of stolen property, and in extreme cases the case could even be made by a zealous prosecutor for a burglary or robbery charge depending on how the card was obtained.
It is a potential defense to the unauthorized use of an access device under certain circumstances if the person charged can show they had every intent and means to meet the obligations out of the use of the card. Also, it is important to remember that the burden is on the Commonwealth to prove your guilt beyond a reasonable doubt in all criminal prosecutions. In many cases dealing with access device fraud or theft, an important factor for the Commonwealth is making sure that the victim gets their money back, and special consideration may be given to those who can make swift restitution.
If you or a loved one has been charged with Access Device Fraud or other similar charges, you need an attorney you can trust to mount a serious defense and deal with the prosecution on your behalf. Attorney Frank Walker has years of experience dealing with criminal cases in Pennsylvania and West Virginia, and can help guide you through the process of handling these charges. Lines are open at Walker Law 24/7, and people are available to help you now. Call now! Our number is 412.532.6805.
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia. Attorney Walker is also a member of the National College for DUI Defense, Super Lawyers and qualified as a Pennsylvania Death Penalty Defense Attorney.
If you or someone you love are facing criminal charges or seriously injured in an accident in WV or PA, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation following a serious accident or injury.