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WHAT IS CREDIT CARD FRAUD IN NEVADA?
Credit Card Fraud under NRS 205.760 encompasses a range of offenses including using another person's credit card without authorization, obtaining a credit card through fraudulent means, using a counterfeit or altered card, and using a credit card to obtain goods or services knowing the card is revoked or expired. Nevada's credit card fraud laws are broad and can apply to both physical card theft and online fraud using stolen card numbers.
WHAT THE PROSECUTION MUST PROVE
To convict you of Credit Card Fraud in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant used a credit card without authorization or obtained one through fraud
The defendant acted with intent to defraud
The defendant obtained goods, services, or money through the fraudulent use
The value of goods/services obtained meets the threshold for the charged level
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR CREDIT CARD FRAUD IN NEVADA
Value Under $650 (Gross Misdemeanor)
Up to 364 days in jail and fines up to $2,000
Value $650 to $3,500 (Category D Felony)
1 to 4 years in prison and fines up to $5,000
Value Over $3,500 (Category C Felony)
1 to 5 years in prison and fines up to $10,000
Restitution
Mandatory restitution to the victim and card issuer
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending credit card fraud charges
Authorization disputes are common in these cases. Was the defendant actually authorized to use the card? Family members using each other's cards can create ambiguous situations that the prosecution must resolve beyond a reasonable doubt.
Identity theft often underlies credit card fraud charges. If my client's identity was stolen and someone else used their information, this is a complete defense — but it requires prompt investigation and documentation.
The aggregation of multiple small transactions to reach felony thresholds is a tactic prosecutors use. I scrutinize whether the aggregation is legally proper under Nevada law.
Many credit card fraud cases can be resolved through restitution agreements, particularly for first-time offenders. Paying back the full amount often leads to reduced charges or diversion.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO CREDIT CARD FRAUD
Every case is unique, but these are the defenses most commonly raised in credit card fraud cases in Nevada:
The defendant had authorization to use the card
Lack of intent to defraud
Mistaken identity — someone else committed the fraud
The value of goods obtained does not meet the felony threshold
The card was not actually fraudulent