How a Defense Lawyer Approaches Credit Card Fraud Cases in PA

If you’ve been charged—or are under investigation—for credit card fraud in Philadelphia or anywhere in Pennsylvania, here’s what you need to know about the law, the penalties, and how a criminal defense attorney can help build a strong defense.

What Is Credit Card Fraud in Pennsylvania?

Credit card fraud refers to any unauthorized or deceptive use of a credit, debit, or access device to obtain money, property, or services. It falls under several statutes in Pennsylvania’s Crimes Code, particularly:

• 18 Pa. C.S. § 4106 – Access Device Fraud

• 18 Pa. C.S. § 4104 – Unlawful use of a computer and other computer crimes

• 18 Pa. C.S. § 3922 – Theft by deception

Common Types of Credit Card Fraud Charges

• Using someone else’s credit or debit card without permission

• Possessing a stolen credit card or fake card

• “Skimming” card information for unauthorized use

• Making online purchases with a stolen card

• Applying for a card using false identity or stolen personal information

• Making false reports of unauthorized charges to get refunds or credit

These cases often involve both state and federal investigations, especially if multiple cards, large amounts, or interstate activity are involved.

Penalties for Credit Card Fraud in Pennsylvania

Credit card fraud is charged based on the value of the loss, number of victims, and prior criminal history.

🔹 Access Device Fraud – 18 Pa. C.S. § 4106

• Less than $50: Misdemeanor of the second degree

  • Up to 2 years in prison, $5,000 fine

• $50 to $500: Misdemeanor of the first degree

  • Up to 5 years in prison, $10,000 fine

• Over $500 or if used to further another felony: Felony of the third degree

  • Up to 7 years in prison, $15,000 fine

Federal credit card fraud laws may apply in larger schemes, and federal penalties can exceed 10 years in prison.

How a Criminal Defense Attorney Fights Credit Card Fraud Charges

These cases can be highly technical. A good defense attorney will analyze the intent, evidence, and procedural issues to challenge the prosecution's case. Here’s how:

✅ Challenging Intent
One of the most important elements of fraud is intent. The prosecution must prove you knowingly used a card you weren’t authorized to use. Your lawyer may argue:

• You believed you had permission

• You didn’t know the card was stolen

• Someone else made the transaction using your device or name

✅ Questioning Identity and Access
Your attorney may argue that:

• You were misidentified

• Someone else accessed your device or account

• There is insufficient evidence tying you to the transaction

This is especially important in online or computer-based fraud cases.

✅ Investigating the Paper Trail
A skilled lawyer will review:

• Bank records

• Surveillance footage

• IP logs and device data

• Witness statements

They may use this evidence to argue that the case is circumstantial or relies on assumptions rather than proof.

✅ Negotiating Reduced Charges or Diversion
If the evidence is strong, your lawyer may still negotiate:

• Reduced charges (e.g., misdemeanor instead of felony)

• Entry into a pretrial diversion program (if you’re a first-time offender)

• A plea agreement that avoids jail and focuses on restitution

This can help you avoid a felony conviction and protect your long-term prospects.

Collateral Consequences of a Conviction

Even if jail time is avoided, a fraud conviction can impact:

• Employment—especially in finance, education, or government

• Professional licenses (real estate, healthcare, law, etc.)

• Immigration status for non-citizens

• Reputation and creditworthiness

That’s why it’s essential to fight these charges early and aggressively.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

Credit card fraud charges are serious—but with the right defense, they can be reduced or dismissed. With over 30 years of experience defending fraud and theft cases in Philadelphia and throughout Pennsylvania, Mark D. Hauser will fight to protect your record, your reputation, and your future.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.