Credit/Debit Card Theft
Credit/Debit Card Theft is defined as the stealing of a debit of credit card. Credit card offenses typically come with thousands of dollars in restitution and fines, which are difficult to pay. It is important you retain an Oklahoma criminal defense lawyer with experience in fraud crimes and credit card theft defense to help you achieve the best outcome or fight your case.
The statute for Credit/Debit Card Theft is OKLA. STAT. tit. 21 § 1550.22, which states “a person who takes a credit card or debit card from the person, possession, custody or control of another without the cardholder’s consent, or who, with knowledge that it has been so taken, receives the credit card or debit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder, is guilty of card theft and is subject to the penalties set forth in Section 1550.33 (a) of this title. Taking a credit card or a debit card without consent includes obtaining it by the crime of larceny, larceny by trick, larceny by the bailee, embezzlement or obtaining property by false pretense, false promise, extortion or in any manner taking without the consent of the cardholder or issuer. A person who has in his possession or under his control any credit card or debit card obtained under subsection (b) of this section is presumed to have violated this section.”
Elements of the Crime
In order to be convicted of Credit/Debit Card Theft in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove ONE OF THE FOLLOWING:
1) taking a credit or debit card;
2) from the possession, custody, or control of another;
3) without the cardholder’s consent;
1) receiving a credit or debit card;
2) with the intent to use or sell it or transfer it to a person other than the issuer or the cardholder
3) knowing that the credit or debit card was taken;
4) from the possession, custody, or control of another;
5) without the cardholder’s consent
1) receiving, holding, or concealing a credit or debit card;
2) which had been lost or mislaid;
3) under circumstances which gave him or her knowledge or cause to inquire as to the true owner;
4) and appropriating the credit or debit card to his use, her use, or the use of another not entitled to it.
Oklahoma Jury Instruction #5-54.
What the Sklled Lawyers at Cannon & Associates Can Do For You
Being charged with Credit/Debit Card Theft in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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