Credit Card Fraud in Myrtle Beach 

Credit card fraud is a serious criminal offense that occurs frequently throughout South Carolina, including first time offense credit card theft, which is why credit card fraud charges are pursued aggressively. As tourism, hospitality, and retail industries continue to grow in coastal communities like Myrtle Beach, financial crimes have also become more common. Understanding how South Carolina defines credit card fraud, the penalties tied to these types of charges, and the legal differences between various credit card fraud offenses helps charged individuals understand the seriousness of these accusations and the defenses available under state law.

At The Lovely Law Firm, our credit card fraud lawyers near you provide legal representation to those who have been charged with credit card fraud. Facing allegations involving financial crimes can place a person’s freedom, reputation, and future employment opportunities at risk, even if it is a first-time offense credit card theft charge, which is why having strong legal representation plays an important part in protecting defendants’ rights.

What Is Credit Card Fraud Under South Carolina Law?

South Carolina law addresses credit card fraud through several criminal statutes. These state statutes outline prohibited conduct and establish judicial penalties based on the circumstances of each case. Credit card fraud is typically defined as unlawfully obtaining, possessing, or using a credit card or credit card information for financial gain. Looking at the state statutes individually can give a better idea of legal definitions and penalties for different types of credit card fraud in South Carolina.

Types Of Credit Card Fraud Charges in South Carolina

• Theft of a Financial Transaction Card – South Carolina Code §16-13-120 makes it unlawful to take, obtain, or withhold a financial transaction card from the rightful owner. This includes taking, obtaining, or withholding a debit or credit card from the lawful cardholder without their explicit permission. This statute applies to different types of conduct, such as: 
  • Stealing a card from a wallet
  • Intercepting mailed credit cards
  • Keeping a lost card with the intent to use it unlawfully.

The law also applies when someone receives a card that they know has been taken without authorization. Prosecutors often rely on circumstantial evidence, including possession and transaction activity, to establish intent under this statute.

• Receiving or Possessing a Stolen Financial Transaction Card – South Carolina Code §16-13-130 criminalizes receiving, possessing, or controlling a credit card while knowing or having reason to believe the card was stolen or unlawfully obtained. Possession of the credit or debit card alone may lead to criminal charges even if prosecutors cannot prove that the purchases the defendant made were completed using the card.
  
  This statute is frequently used by prosecutors when law enforcement discovers that a defendant has multiple credit cards belonging to different individuals during an investigation. The presence of multiple cards may also support allegations of organized financial fraud activity.
• Fraudulent Use of a Financial Transaction Card – South Carolina Code §16-13-140 specifically addresses credit cards in the form of unauthorized or fraudulent use to obtain goods, services, money, or anything of monetary value. This South Carolina credit card fraud statute applies when an individual knowingly uses:
  • A stolen card
  • A revoked or expired card
  • A card obtained through fraudulent means
  • A card without authorization from the cardholder

Fraudulent use charges in South Carolina often involve multiple transactions that were done over time. South Carolina law allows prosecutors, including in Myrtle Beach, to combine multiple purchases within a specific timeframe to determine the total value obtained through credit card fraud. The combined value of these fraudulent transactions directly impacts whether charges are classified as misdemeanors or felonies.

• Counterfeiting or Forgery of Financial Transaction Cards – South Carolina Code §16-13-150 specifically makes it illegal to manufacture, alter, or counterfeit a financial transaction card in the state. This legal statute also prohibits individuals from creating or possessing devices that can be used to produce fraudulent credit cards or card numbers.
  Credit card fraud cases prosecuted in South Carolina under this statute often involve advanced fraud schemes such as skimming operations, card cloning, or manufacturing counterfeit cards using stolen account information. These offenses typically carry harsher penalties due to the planning and sophistication involved in committing the crime.
• Signing or Using Another Person’s Card Without Authorization – South Carolina Code §16-13-160 prohibits persons from signing or attempting to use another person’s financial transaction card without authorization from the legal cardholder. Even attempting to sign a credit card receipt or use electronic authorization using another person’s name can support criminal charges under this law.
  This statute is often charged alongside other fraudulent use offenses when prosecutors believe the accused impersonated the legitimate cardholder to use the card.
• Penalties for Financial Transaction Card Crimes – South Carolina Code §16-13-170 establishes legal penalties for violations involving financial transaction cards, such as debit and credit cards. Penalties for this offense depend largely on the total value of money, goods, or services obtained and whether the accused has prior credit card fraud convictions.
  
  Lower value offenses may be charged as misdemeanors and can include…
  • Fines
  • Restitution
  • Probation
  • Potential jail sentences

Higher value credit card fraud offenses or repeated violations are typically prosecuted as felonies, which may result in the defendant facing significant prison sentences and larger financial penalties.

Will I Go To Jail For A First-Time Offense Credit Card Theft Charge

Being charged with a first-time offense of credit card theft in South Carolina and subsequently convicted of the charge can result in the possibility of jail time, even for individuals with no prior criminal record. Courts in South Carolina often consider a person’s background during sentencing after a first-time offense credit card theft conviction, but that does not mean incarceration is automatically avoided. Prosecutors and judges will closely reveal all the details of the allegations before determining potential penalties. 

Factors That Influence Jail Time

Several factors will play into whether a person may face jail time, including…

• Total Financial Loss Involved – Larger dollar amounts of credit card theft tied to the alleged offense can increase the severity of charges and legal penalties.
• Number of Transactions or Victims – Multiple purchases or involvement of multiple cardholders in the fraud case can lead to harsher penalties.
• Evidence of Intent – Prosecutors in South Carolina must show that the accused knowingly used or possessed a stolen credit card, and having strong evidence suggesting intentional credit card fraud conduct can increase the likelihood of stricter penalties.

Misdemeanor vs. Felony Credit Card Theft Charges

Under South Carolina law, penalties tied to credit card theft and related fraud offenses often depend on the total value of goods, services, or money connected to the accusations. The value of the theft is what determines if the charge is a misdemeanor or a felony credit card theft charge. 

Misdemeanor Credit Card Fraud Penalties

When the total value of money, goods, or services that were paid for through fraudulent credit card use is equal to $500 or less within a 6-month period, the offense is typically charged as a misdemeanor in South Carolina. Penalties for a misdemeanor credit card fraud conviction include…

• Up to 1 year in prison
• A fine of up to $1,000
• Possible restitution to the victim for financial losses
• Potential probation or court-ordered conditions

South Carolina statutes also state that certain conduct involving exceeding a credit limit under Section 16-14-60(a)(2)(d) is treated as a misdemeanor regardless of value. A conviction for that specific offense also carries…

• A fine of up to $1,000
• Imprisonment for up to one year
• The possibility of both penalties being imposed together

Additional misdemeanor credit card fraud offenses in South Carolina include providing false information to creditors when applying for a financial transaction card or filing a false report claiming that a card was lost or stolen. Each of these offenses in South Carolina carries the same maximum punishment of one year in jail and a fine of up to $1,000.

Felony Credit Card Fraud Penalties

When the total value of fraudulently obtained money, goods, or services reaches felony levels, penalties increase significantly. Anything valued over $500 is considered a felony credit card theft charge. If convicted, defendants who are found to have committed credit card fraud between $500 and $5,000 can face the following penalties:

• A mandatory minimum fine of $3,000
• A maximum fine of $5,000
• Imprisonment for up to five years
• Courts may impose both imprisonment and fines together

Certain related credit card offenses are also automatically treated as felonies in South Carolina, regardless of the amount involved. For example, financial transaction card forgery and possession of card forgery devices are both considered to be felony charges, and if convicted, penalties can include…

• A fine ranging from $3,000 to $5,000
• Imprisonment for up to five years
• The possibility of both penalties being imposed together

Financial transaction card theft, which can include taking or possessing a debit or credit card or card number with the intent to use it without the cardholder’s consent, is classified as a felony and is punished under the same felony sentencing guidelines established in South Carolina’s Financial Transaction Card Crime Act.

Additional Legal Conditions Under South Carolina Law

South Carolina law allows prosecutors to combine multiple fraud transactions involving multiple victims that occurred within a six-month timeframe into a single total value when determining whether credit card fraud charges qualify as misdemeanor or felony credit card fraud. This rule can substantially increase potential legal penalties for defendants if several transactions are linked together.

Why Legal Representation Matters in Credit Card Fraud Cases

Credit card fraud investigations often involve a complex review of financial records, digital data analysis, and multi-agency law enforcement involvement in South Carolina. Prosecutors throughout South Carolina frequently rely on circumstantial evidence, which can create opportunities for credit card fraud lawyers near you at The Lovely Law Firm to challenge assumptions and present alternative explanations that negate the charges.

Credit Card Fraud Lawyer Near You

Those who are searching for credit card fraud lawyers near me often seek defense attorneys who understand both criminal law and the technical aspects of financial fraud investigations. Having legal counsel from our team at The Lovely Law Firm plays an important role in: 

• Reviewing evidence
• Negotiating with prosecutors
• Advocating for reduced charges or alternative sentencing options when appropriate

At The Lovely Law Firm, our credit card fraud lawyers near you provide representation that focuses on protecting client rights while building defense strategies based on thorough case analysis and review of evidence. Our defense attorneys evaluate every detail of the prosecution’s case, including transaction data, witness statements, and forensic evidence, to identify weaknesses that may benefit the defense.