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Legal defenses for credit card fraud

On Behalf of | Aug 22, 2023 | White Collar Crimes |

When it comes to accusations of credit card fraud, a person has the opportunity to present defenses to challenge the allegations they face.

To this end, those accused can employ different legal strategies that show that they are not guilty of the crime. Understanding these defenses is important for anyone facing credit card fraud charges.

Lack of intent

One defense against credit card fraud charges is to demonstrate that there was no intention to commit fraud. This means showing that the accused person did not knowingly use someone else’s credit card information with the intention to deceive or steal.

Mistaken identity

A defense based on mistaken identity argues that the person charged with credit card fraud was not the one who committed the crime. It suggests that another individual with a similar appearance might have been responsible for the illegal activity.


In certain cases, an accused individual might claim that they had permission from the cardholder to use their credit card. This defense relies on proving that the cardholder willingly allowed the accused person to make the transactions.

Lack of evidence

A defense centered around lack of evidence asserts that there is insufficient proof to link the accused individual to the credit card fraud. This strategy focuses on the quality of the prosecution’s evidence or lack thereof.

Duress or coercion

According to Cornell Law School, coercion occurs when one person threatens another to commit an illegal act. The legal strategy against coercion argues the accused person committed credit card fraud against their will due to force. This defense asserts that external pressures or threats left them with no choice but to participate in fraudulent activities.

Lack of awareness

Credit card fraud can take many forms, so it is possible that a person may act fraudulently without realizing it. Accordingly, a possible legal defense asserts that the accused person was unaware of any fraudulent intent when using the credit card information.

The right to defense

Facing credit card fraud charges can be a stressful situation, but it is important to remember that there are legal defenses available to challenge these accusations. Each case is unique, and the effectiveness of these defenses will depend on the specific circumstances and evidence presented.