Credit card fraud charges can turn your life upside down fast. These cases often begin with a store report, a bank alert, or a traffic stop in which police find cards or account numbers. By the time you realize what is happening, detectives may already be pulling video, phone data, and purchase records. Prosecutors in Marion County take these allegations seriously because they are tied to theft rings and digital crime.
At Eskew Law, we defend people accused of credit card fraud in Indianapolis and across Indiana. We know how these cases are built and how to dismantle them. If you are under investigation or have been arrested, the most crucial step is to retain counsel early. A credit card fraud defense attorney in Indianapolis can often prevent additional charges and prevent damaging statements before they occur.
How Indiana Defines Credit Card Fraud
Indiana does not use a single, narrow label for credit card fraud. Instead, prosecutors usually file these cases under the state fraud statute, Indiana Code 35-43-5-4. This law covers multiple forms of credit card misuse and related conduct. Justia Law+2Justia Law+2
Under this statute, a person commits fraud when they act with the intent to defraud and do any of the following with a credit card or account:
- Use a credit card knowing it was unlawfully obtained or retained
- Use a credit card knowing it is forged, revoked, or expired.
- Use a credit card issued to another person without consent.
- Represent themselves as the authorized cardholder without consent.t
- Represent that they are the cardholder, even though the card was never issued.
- Sell or transfer a credit card when it is not issued by the cardholder.
- Receive or possess a credit card knowing it was unlawfully obtained, forged, revoked, or expired
The state focuses on intent to defraud. That intent element is where many defenses are found.
Common Credit Card Fraud Scenarios We See
Credit card fraud charges in Indianapolis follow several patterns. Knowing the pattern helps us target the weak points.
Physical Card Use Without Permission
This involves using someone else’s card at a store, restaurant, gas station, or ATM. Evidence typically includes receipt signatures, store cameras, and time stamps compared to your location.
Use Of Card Numbers Or Account Data
A person can be charged even if they never touched a physical card. Online purchases, app-based payments, or phone orders can lead to fraud counts. Prosecutors use IP logs and payment trails, but those records do not always identify the real user. FindLaw
Cards That Are Reported Lost, Stolen, Or Revoked
If the state claims you knew the card was stolen, expired, or revoked, they can file felony fraud counts. Justia Law+1 Knowledge is often disputed here.
Possession Of Multiple Cards Or Numbers
When police find several cards not in your name, or lists of numbers, prosecutors may assume a larger scheme. Possession alone does not prove intent to defraud, but it often triggers additional investigation.
Skimming or Device-Based Theft
Indiana also targets card skimming activity. Even without a completed purchase, possession or use of skimming tools can lead to serious charges in some cases.
Disputes In Families Or Relationships
We see cases from shared accounts, breakups, or family financial conflict. These often turn on consent and who was authorized to use the card.
Felony Levels And Penalties For Credit Card Fraud
Credit card fraud is charged as a felony in Indiana. Most cases start as Level 6 felonies under the fraud statute. Justia Law+2David E. Lewis Law+2
A Level 6 felony carries:
- Six months to two and a half years in jail or prison
- One-year advisory sentence
- Fines up to ten thousand dollars
- Probation and restitution are common in David E. Lewis Law
Charges can increase based on factors such as prior fraud convictions, the amount involved, and the number of cards or victims. Some cases are filed as Level 5 felonies, which carry:
- One to six years in prison
- Three-year advisory sentence
- Fines up to ten thousand dollars, David E. Lewis Law+1
Prosecutors frequently add related charges, including:
- Theft or conversion
- Forgery
- Identity deception
- Check deception
- Computer tampering
- Conspiracy
Stacked counts can raise exposure sharply. This is why you want an Indianapolis defense attorney who defends fraud cases regularly and knows how to limit charge inflation.
What The State Must Prove
To convict you, prosecutors must prove every element beyond a reasonable doubt. For credit card fraud under Indiana Code 35-43-5-4, the state generally must show:
- You used, possessed, sold, or received a credit card or credit card information
- The card or information was unlawfully obtained, forged, revoked, expired, or belonged to another person without consent.
- You acted knowingly or intentionally.
- You had the intent to defraud Justia Law+2OneCLE+2.
Intent and knowledge are the two biggest battlegrounds. A receipt does not prove who used the card. A card in a wallet does not prove you knew it was stolen. A login record does not prove you were the user.
How Credit Card Fraud Investigations Start In Indianapolis
Understanding how these cases begin helps you avoid mistakes.
Store And Bank Fraud Reports
Most cases begin when a store’s loss-prevention team or a bank flags a transaction. Police are then provided with video footage, receipts, and account records. Sometimes those records are incomplete or misleading.
Traffic Stops And Field Encounters
A routine stop can lead to a search and discovery of cards or numbers. Officers may assume fraud before they know the whole story. Search legality becomes a major defense issue.
Digital Tracing
Detectives may trace online purchases to an IP address or a device. These steps are not as reliable as the state suggests. Public Wi Fi, shared devices, and hacked accounts can create false leads.
Tips And Informants
Some cases begin with a tip about a fraud ring. Informants often trade information for leniency, which means we must test their credibility in court.
If police or detectives contact you, do not try to talk your way out of it. Ask for a lawyer. Then call us.
Defenses We Use In Credit Card Fraud Cases
There is no universal defense. We tailor the strategy to the evidence and the person accused. These are the defenses we use most often.
Lack Of Intent To Defraud
Fraud requires intent. We look for facts showing there was no plan to deceive, such as:
- You believed you had permission
- You were an authorized user.
- The purchase was a mistake ora misunderstanding.
- You did not benefit from the transaction.
- The state is relying on assumptions rather than evidence.
Even if a card was misused, a lack of intent can defeat the fraud element. LegalClarity+1
No Knowledge The Card Was Stolen Or Invalid
Many people are arrested for using a card issued to someone else. The fraud statute requires knowledge that the card was unlawfully obtained, forged, revoked, or expired in several subsections. Justia Law+1 If the state cannot prove knowledge, the charge weakens.
Consent Or Shared Authority
Consent turns many cases. If the cardholder allowed use, or if the account was shared, the state may not be able to prove unauthorized use. We gather texts, emails, account history, and witness statements to establish consent.
Misidentification And Weak Proof
The video can be unclear. Receipts can be forged. Account data may show only that your phone was near a location, not that you made the purchase. We challenge:
- Low-quality video identification
- Inconsistent witness descriptions
- Gaps in purchase timing
- Digital evidence that cannot reliably be tied to a person
Illegal Search Or Seizure
If police searched your car, bag, phone, or home without a valid warrant or a lawful exception, we file a motion to suppress. When key evidence is excluded, prosecutors often reduce or dismiss cases.
Third Party Responsibility
Fraud rings are real in Indianapolis. Sometimes another person used your card, your device, or your accounts. Sometimes you were the one whose identity was exploited. We investigate alternative suspects and patterns that do not align with the state’s story.
Federal Risk In Larger Credit Card Fraud Cases
Most credit card fraud cases are prosecuted in Indiana state courts. However, cases involving large dollar amounts, interstate purchases, or financial institutions can result in federal charges, such as wire fraud or aggravated identity theft. Federal cases have higher sentencing exposure and different rules. If any federal agent contacts you, do not speak without counsel.
We evaluate federal risk early to keep you protected on both tracks.
What A Conviction Can Cost You Beyond Jail
A conviction can follow you for years. Common consequences include:
- Job loss or difficulty getting hired
- Denial of housing applications
- Loss of professional licenses
- Problems with school enrollment or aid
- Immigration consequences for non-citizens
- Restitution judgments that can be enforced like civil debts
Restitution is a significant issue in credit card cases. Prosecutors sometimes claim losses that include fees, chargebacks, and disputed totals. We require proof for every number.
What To Do If You Are Accused Of Credit Card Fraud
Your first moves matter.
- Do not answer questions without counsel. State clearly that you want a lawyer.
- Do not consent to searches of phones or computers. That data can be taken out of context.
- Do not contact the alleged victim to explain. That can be framed as intimidation or an admission.
- Save any evidence showing consent or lawful use, including messages, receipts, and account permissions.
- Call Eskew Law immediately so we can step in early.
A fast response often prevents the case from growing.
How We Defend Credit Card Fraud Cases At Eskew Law
Our defense is practical and evidence-driven.
Full Discovery Review And Timeline Reconstruction
We order and analyze:
- Store video and still images
- Receipts and transaction logs
- Bank or issuer fraud files
- Device extraction and IP records
- Witness statements
- Police body camera footage
We then build a clear timeline that tests the state version against reality.
Strategic Motions
We file motions to suppress illegal searches, exclude improper identification, and require full disclosure. Fraud cases rely on technical evidence that must meet strict rules.
Negotiation From Strength
We negotiate only after we test the evidence. Depending on the case, that can lead to:
- Dismissal for lack of proof
- Reduction to a misdemeanor theft offense
- Diversion or pretrial programs
- Restitution plans that are accurate and manageable
- Pleas that preserve expungement opportunities
Trial Ready Defense
If trial is the right path, we prepare early and engage experts when digital or financial evidence requires independent analysis.
Local Experience In Indianapolis Courts Matters
Credit card fraud cases are usually filed in Marion County Superior Court. Prosecutors here see high fraud volume and often start with aggressive plea positions. Judges vary in how they view restitution, intent, and prior history. We know the local patterns and the procedural expectations. That helps us avoid generic defense mistakes and push the right pressure points.
If you need a criminal defense lawyer in Indianapolis, IN, for a credit card fraud charge, you want someone who regularly practices in these courts and understands the investigative playbook.
Speak With A Credit Card Fraud Defense Attorney In Indianapolis
Credit card fraud charges are serious, but they are defensible. The state must prove intent and knowledge, and those elements often rest on shaky assumptions. Our role is to compel prosecutors to prove their case, protect your rights, and pursue the best available outcome.
Call Eskew Law today to speak with a credit card fraud defense attorney in Indianapolis. We will evaluate your situation, clearly explain your options, and begin building your defense immediately. If you are looking for an Indianapolis defense attorney who does not back down from fraud cases, we are ready to help.
