New York Credit Card Fraud Frequently Asked Questions

Credit Card Fraud Crimes in New York

The New York state criminal code does not define any single crime as “credit card fraud.” This means that you cannot be arrested and given a charge of “credit card fraud.” That said, credit card fraud is an umbrella term used to describe a variety of crimes including fraudulently using another individual’s credit card, grand larceny, and identity theft.

Credit card fraud might involve making offline and online purchases with a stolen credit card. Alternatively, it might involve stealing a person’s identity and opening varying financial accounts. This might be done both by strangers and by family members of the victim.

Fraud also describes lying about yourself when applying for a credit card. The term can even apply to the creation of fake credit cards.

Understanding the Seriousness of Credit Card Fraud

Regardless of the exact criminal charges that you’re facing, any kind of charge related to credit card fraud is serious. It’s important to speak with an experienced New York criminal lawyer as soon as you can. Spodek Law Group is a group of highly skilled lawyers that can help.

Identity Theft

To commit identity theft, a person must use the identifying characteristics of another person (including things like social security number, birth date, and name) to gain goods and services. Four identity theft charges are part of the New York Penal Code: first degree identity theft, second degree identity theft, third degree identity theft, and finally aggravated identity theft.

Degrees of Identity Theft

Differing degrees of identity theft carry varied levels of seriousness and penalties.

Third degree identity theft is the least serious identity theft charge. It’s classified as a class A misdemeanor, meaning that it’s the most serious type of misdemeanor. To be charged with third degree identity theft, you must knowingly and willingly represent yourself as someone else, or alternatively use another person’s information for a credit card application.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Second degree identity theft occurs when a fraudulently obtained credit card is used for the purchase of goods or services in excess of $500. This is a class E felony. Additionally, when a person commits identity theft simultaneously with another felony, that person will be charged with second degree identity theft. The final reason you might be charged with second degree identity theft is if you have a previous third degree identity theft charge on your criminal record.

First degree identity theft occurs when a fraudulently obtained credit card is used for the purchase of goods or services in excess of $2000. You will also have your identity theft charge raised to a first degree charge if you have previous second degree charges, or if you commit a felony while using another person’s identity. First degree identity theft is a class D felony.

Aggravated Identity Theft

Aggravated identity theft occurs when a person uses the identity of a member of the military who has been deployed. When the person receives a credit card and obtains services and goods exceeding $500, they will be charged with aggravated identity theft. Like first degree identity theft, this is a serious charge that is classified as a class D felony.

Other Charges Associated with Credit Card Fraud

If you have been accused of committing credit card fraud, there’s a good chance you will have an identity theft charge leveled against you. Similarly, the prosecution might add a grand larceny charge. Depending on the circumstances in which you received the card, you might be given a federal mail fraud charge. This federal charge will be tried in a different court from the New York state charges.