Tennessee Credit Card Fraud Lawyers

Possession or Fraudulent Use of a Credit Card

If you have been charged with illegal possession or fraudulent use of a credit or debit card in Tennessee, the white collar crime attorneys at the law offices of Baker Associates will employ powerful defense tactics on your behalf.

Our experience can help you understand the complex legal issues that arise when you have been charged with possession or fraudulent use of a credit card. By investigating the issues involved we can often find weaknesses and inconsistencies in the government's case that help protect your legal rights. As a former prosecutor, Joseph A. Baker has the knowledge and experience necessary to properly defend you if you have been accused of illegal possession or fraudulent use of a credit card.

What is the Crime of "Illegal Possession of a Credit Card"?

A person illegally possesses a credit or debit card under T.C.A. 39-14-118(a) if he or she knowingly possesses the card or uses information from the card without the consent of the owner or issuer (such as Visa or MasterCard).

If no property or services were obtained by illegal possession of the card, then illegal possession is a class B misdemeanor. A Class B misdemeanor is punishable by no more than six months in jail and/or a $500 dollar fine.

What is the Crime of "Fraudulent Use"?

A person fraudulently uses a credit or debit card under T.C.A. 39-14-118(b) if he or she uses the card without the consent of the owner or issuer for the purpose of obtaining property or services. Fraudulent use of a card is punishable as theft; therefore the punishment varies depending on the value of the property or services unlawfully obtained.

What the State Must Prove.

For you to be found guilty of unlawful possession of a credit or debit card, the state must prove beyond a reasonable doubt the existence of the following elements:

  1. That the defendant took, exercised control over or otherwise used a credit or debit card or information from such card; and
  2. That the defendant acted without the consent of the owner or issuer.
  3. That the defendant acted with knowledge that he or she did not have the consent of the owner or issuer.

For you to be found guilty of the fraudulent use of a credit or debit card, the state must prove beyond a reasonable doubt:

  1. That the defendant used the credit card or information from the card, and
  2. That the defendant's purpose in using the card was to obtain property, services or anything else of value; and
  3. That the defendant used the card with knowledge that it was a) forged or stolen, b) revoked or cancelled, c) expired, or d) for any other unauthorized reason.

Protecting the Rights of Our Clients

In order to strengthen your position as one of our clients, attorney Joseph A. Baker and his associates have received the most up-to-date training available. By attending numerous seminars and colleges, including the prestigious National Criminal Defense College, each attorney at the law offices of Baker Associates will fight to see that your rights are protected in court.

If you have been accused of possession or fraudulent use of a credit card in TN, contact attorney Joseph A Baker and his associates to discuss your case.

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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929

Phone: (865) 521-0001
Toll-free: (866) 853-2888

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862

Phone: (865) 546-6000
Toll-free: (866) 853-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601

Tennessee Defense Lawyer Disclaimer: The credit card fraud or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a lawyer at our law firm. This web site is not intended to solicit clients for matters outside of the State.


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