In Kentucky, possession of a credit card belonging to another and actual use of it are two different crimes. A person commits the crime of receipt of a stolen credit card when the person possesses the credit or debit card of another and retains the card with the intent to use, sell or transfer the card to someone other than the issuer or cardholder.
Fraudulent use of a credit or debit card occurs when a person uses a credit or debit card or information from that card for the purpose of obtaining property, credit, services or anything else of value. The person must do so with the knowledge that the card is forged, stolen, revoked, canceled, expired or for any other reason the use of the card is unauthorized by either the owner of the card or the issuer of the card.
Like most other theft crimes under Kentucky law, fraudulent use of a credit card is a misdemeanor when the value of the property, services, credit or money obtained is valued at less than $500.00. It is a Class D felony when the value is over $500 and a Class C Felony when the value is over $10,000.
If you have been accused of a credit card related crime, you should call Hoffman Walker & Knauf. You will want to know the possible penalties associated with the charges you face. In addition, it is important to have representation in a felony proceeding in order to ensure that your case is handled with the attention and focus it deserves. There may be defenses available to you that are not immediately obvious, and these defenses can drastically affect the outcome of your case.