Fraudulent Making of Electronic Access Devices
Under New York law, you can be charged with a fraudulent making of electronic devices. The crime is considered a class D felony. If you are accused or charged with this crime, it is important to consult with an attorney right away. The penalties and financial fines associated with this crime vary significantly based on the magnitude of the charges. If convicted of a felony in New York, you will be unable to vote, excluded from firearm purchases, unable to receive welfare benefits, and barred from Federally funded housing.
What Is Fraudulent Making of Electronic Access Devices?
Under Penal Code 170.75, a person in New Yorkcan be charged with fraudulent making of electronic access devices in the second degree if they complete or alter two or more electronic access devices. To be convicted of this charge, a prosecutor would have to prove that the completion of two or more units was done to defraud, injure, or deceive another person. If a prosecutor cannot prove that the completion of the devices was to injure, defraud, or deceive, they would fail to provide the burden of proof, which could result in being able to prove fraud beyond a reasonable doubt in court.
What is Considered an Electronic Access Device?
The term electronic access device is used to describe a credit card or debit/credit instrument. For New York state statutes, the access device is any plate, code, card, electronic serial number, account number, mobile identification number, telecommunications service, personal ID number, instrument identifier, or other device that can be used in conjunction with another device or alone to obtain goods, services, money, or anything else of value. A device can also be criminal if it is or can be used to initiate a transfer of funds. Crimes such as passing bad paper checks is not covered under this statute.
Additional Charges Associated with Criminal Electronic Access Device Possession:
When a person in New York is charged with criminal electronic access device possession, there are many other charges that can accompany this type of charge. For instance, based on evidence obtained from law enforcement, a prosecutor could tack on additional charges including:
- Misuse of a credit card
The magnitude of charges filed against a defendantare largely based on the amount of monetary value involved in the crime. Additionally, the amount of equipment and number of people involved in this type of crime can also significantly affect the types of charges a person may face.
Possible Defenses for Electronic Access Device Charges in NJ
A conviction for this crime can result in significant financial consequences and incarceration in prison. The best way to avoid a conviction and expensive fines is to hire a reputable criminal defense attorney. A defense attorney will examine the evidence against a defendant, the details of the alleged crime, and determine what the best course of action moving forward would be.
Criminal Defense Attorney in NY
Stephan Jacob Siegel, Esq. is a New York criminal defense attorney. Mr. Siegel has worked with defendants in many criminal cases for over 30 years and has been involved in over 1200 trials. Contact The Law Office of Stephan Jacob Siegel, Esq. today to start building your defense.