Theft, Use, and Forgery of a Credit Card
Being charged with theft, forgery, or unauthorized use of a credit card can be intimidating and confusing. These offences fall under Section 342 of the Canadian Criminal Code and carry significant penalties, including potential prison time. Whether you’re facing charges for using someone else’s credit card, being caught with fake card data, or trafficking in stolen cards, it’s critical to understand the charges and your legal options.
Have you been charged with a credit card-related offence? Call (306) 994-9522 for a confidential consultation with an experienced criminal defence lawyer.
Theft, Use, and Forgery of a Credit Card: Legal Definition
Under Section 342 of the Criminal Code, the following actions are criminal offences:
- Stealing a credit card
- Forging or falsifying a credit card
- Possessing, using, or trafficking in a credit card or a forged/falsified card, knowing it was obtained through an offence
- Using a credit card knowing it has been cancelled or revoked
These offences can be prosecuted:
- As an indictable offence, with a maximum penalty of 10 years’ imprisonment; or
- As a summary conviction offence, with lower maximum penalties.
In addition, Section 342(3) makes it an offence to possess, use, or traffic in credit card data (including PINs or passwords) fraudulently, whether or not the data is real.
Key Elements of Theft, Use, and Forgery of a Credit Card
To convict under these sections, the Crown must prove certain elements:
- Identity of the accused as the person who committed the act
- Date and time of the incident
- Jurisdiction (location of the offence)
For credit card theft, use, or forgery (s. 342(1)):
- The accused either:
- Stole a credit card;
- Forged or altered a card;
- Possessed, used, or trafficked in a card they knew was obtained or altered by crime; or
- Used a card knowing it was revoked or cancelled.
Charged with a credit card offence? Call (306) 994-9522 now for experienced legal guidance from an expert criminal lawyer.
For unauthorized use of credit card data (s. 342(3)): The accused fraudulently possessed, used, trafficked in, or let someone else use credit card data (including PINs), allowing access to services or funds.
Even if the card was first innocently obtained, if the person later decides to use it dishonestly, it can be considered theft.
Potential Penalties for Theft, Use, and Forgery of a Credit Card
These are hybrid offences, meaning the Crown can proceed by indictment (more serious) or by summary conviction (less serious).
Charge Type | Summary Conviction | Indictable Offence |
Theft, forgery, use of a credit card (s. 342(1)) | Up to 2 years less a day, and/or a $5,000 fine | Up to 10 years’ imprisonment |
Unauthorized use of credit card data (s. 342(3)) | Same as above | Same as above |
There are no mandatory minimum sentences, meaning a judge can consider a range of outcomes, including:
- Discharge (no conviction registered)
- Suspended sentence and probation
- Fines
- Jail or jail plus probation
- Conditional sentence (house arrest, under certain conditions)
Facing allegations of credit card forgery or use? Call (306) 994-9522 for urgent legal advice from a seasoned criminal lawyer.
Potential Defences Against Theft, Use, and Forgery of a Credit Card Charges
Every case is fact-specific, but possible defences include:
- Lack of intent: You did not know the card was stolen, altered, or revoked.
- No fraudulent use: For s. 342(3), the Crown must prove you acted fraudulently and without lawful authority.
- Charter violations: If your rights were violated during arrest or investigation, your lawyer may be able to exclude key evidence.
- No trafficking: Simply possessing a card or data is not the same as trafficking; the Crown must prove you intended to distribute or deal with it.
An experienced criminal defence lawyer can help by reviewing the evidence, identifying legal defences, negotiating with the Crown, and protecting your rights throughout the process. If you or someone you care about is facing theft, use, and forgery of a credit card charges, getting skilled legal representation early on can make a critical difference in the outcome of your case.
Have You Been Charged With Theft, Use, and Forgery of a Credit Card?
An experienced criminal defence lawyer is essential when facing theft, use, and forgery of a credit card charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.
Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer
Don't hesitate to reach out to us if you are facing Theft, Use, and Forgery of a Credit Card charges. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.
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