How To Beat A Credit Card Abuse Charge In Texas: A Former Prosecutor Breaks Down The Law! (2022)

Credit Card Abuse Charges In Texas

Credit Card Abuse Attorney in Fort Worth, Texas

Have you been arrested and charged with the crime of Credit Card Abuse in Fort Worth or a surrounding city in Tarrant County, Texas? If so, you need the help of an experienced and aggressive team of criminal defense attorneys that can protect you from a prison sentence and a felony conviction.

There is a lot of confusion and misinformation regarding what constitutes the Texas criminal charge of credit card abuse. In order to prepare for you or your loved one’s criminal defense, it is critical to gain a basic understanding of Texas criminal law regarding the crime of credit card abuse.

What Is Credit Card Abuse?

Texas Penal Code §32.31 states that a person commits the offense of Credit or Debit Card Abuse if the State of Texas can prove beyond a reasonable doubt that a person, with intent to obtain a benefit fraudulently, presents or uses a credit card or debit card with knowledge that:

1. the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or

2. the card has expired or has been revoked or cancelled.

Additionally, the Texas Penal Code states that you can commit the crime of credit card abuse if:

• with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card;

• he receives a benefit that he knows has been obtained in violation of this section;

• he steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder;

• he buys a credit card or debit card from a person who he knows is not the issuer;

• not being the issuer, he sells a credit card or debit card;

• he uses or induces the cardholder to use the cardholder’s credit card or debit card to obtain property or service for the actor’s benefit for which the cardholder is financially unable to pay;

• not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it;

• he possesses two or more incomplete credit cards or debit cards that have not been issued to him with intent to complete them without the effective consent of the issuer. For purposes of this subdivision, a card is incomplete if part of the matter that an issuer requires to appear on the card before it can be used, other than the signature of the cardholder, has not yet been stamped, embossed, imprinted, or written on it;

• being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or the cardholder, furnishes goods or services on presentation of a credit card or debit card obtained or retained in violation of this section or a credit card or debit card that is forged, expired, or revoked; or

• being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or a cardholder, fails to furnish goods or services that he represents in writing to the issuer that he has furnished.

There are other ways one can commit the offense of credit card abuse, but the two ways listed above are the most common. Basically, it is possible you could be facing a Credit Card Abuse charge if there is any improper use with the intent to defraud another.

Is Credit Card Abuse A Felony In Texas?

Yes. The crime of credit card abuse has been labeled a felony by the Texas legislature. Generally, credit card abuse is a state jail felony, punishable by a term in prison of not less than 180 days and not more than 2 years and a fine not to exceed $10,000.

However, if the prosecutor can prove that the credit card abuse was committed against an elderly individual, the charge can be filed as a 3rd degree felony, punishable by a term in prison of not less than 2 years and not more than 10 years, and a fine not to exceed $10,000.

Does The Value Of The Items Matter For Credit Card Abuse?

NO! This is one of the main differences between credit card abuse and theft under Texas law. Although credit card abuse can be a form of theft, the value of the items fraudulently charged on a credit card do not matter when it comes to being arrested for a felony or a misdemeanor crime.

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00:00 How To Beat A Credit Card Abuse
01:59 Is Credit Card Abuse A Felony In Texas?
02:39 Does The Value Of The Item Run On The Credit Card Affect The Charge?
04:15 Defenses To The Crime Of Debit/Credit Card Abuse
10:13 What Can A Grand Jury Do?