What Kind of Trouble Can I Expect With Credit Card Fraud Charges?

 Posted on July 21, 2026 in White Collar Crimes

Credit and debit cards are incredibly common in today’s society. The same can be said for fraudulent activities associated with these cards. The penalties that come with credit card fraud are entirely dependent on the crimes committed involving those cards. A Wheaton, IL white collar crime defense attorney with experience in credit card fraud defense cases is your best option in fighting any charges you could be facing for credit card fraud.

At Davi Law Group, LLC, we provide one-on-one guidance for clients facing misdemeanor and felony charges. As a former prosecutor, Attorney Dion Davi is highly familiar with the criminal justice system, and he can guide you through your case with confidence. 

What Are the Specific Crimes Involved With Credit Card Fraud?

Illinois law specifically prohibits and penalizes various crimes in credit card fraud cases (720 ILCS 5/Art. 17, Subdiv. 25). Some of those crimes include:

• Lying to acquire a credit card

• Knowingly having or using someone else’s credit card in your possession without that person’s permission

• Possessing a missing or lost credit card that does not belong to you

• Selling or buying a credit card

• Using a credit card that is not yours as security for a debt

• Using a fake, expired, or unissued credit card

• Using a credit card to engage in fraudulent activity

In many of these cases, the burden is on the prosecutor to prove the "intent to defraud." Essentially, this means that the crime was committed with the clear aim of scamming someone else, whether for financial gain or to cause that person to lose money. If the prosecution can’t prove this element beyond a reasonable doubt, you may be able to contest the underlying charge.

What Penalties Could I Be Looking at for Credit Card Fraud Charges in 2026?

The severity of a credit card fraud charge is usually based on the value of all property obtained within a six-month period where the credit card was used in fraudulent activity. Many of the offenses under the credit card fraud umbrella are prosecuted as Class 4 felonies. The penalties for a Class 4 felony include imprisonment from one to three years and a fine of up to $25,000.

Some types of credit card fraud are prosecuted more strictly. Using an expired, forged, counterfeited, revoked, or unissued credit card where more than $300 worth of property was obtained within six months is a Class 3 felony, carrying a prison sentence from two to five years and a possible maximum fine of $25,000.

Beyond the immediate penalties, a credit card fraud conviction can have lasting collateral consequences. A conviction of a criminal offense will show up on background checks, which may make it harder to secure employment or housing. 

What Defenses Can You Bring Up in a Credit Card Fraud Case?

A credit card fraud charge does not always lead to a conviction. If your attorney can show that you did not know a card was stolen, altered, or fake, that lack of intent alone can undermine the case against you. Some of the most common defenses include:

• Lack of intent, such as believing you had permission to use the card

• Mistaken identity, especially in cases involving online or phone transactions

• Consent from the cardholder, if the account owner allowed the purchase

• Insufficient evidence connecting you to the alleged transaction

Every case depends on its own facts, and no defense works the same way twice. A thorough review of the transaction records, communications, and surrounding circumstances often reveals weaknesses in the prosecution's case that are not obvious at first glance. Our firm can review transactions, receipts, and electronic communications to help build up your defense in court. 

When Does Identity Theft Overlap With Credit Card Fraud?

Identity theft and credit card fraud often appear in the same case, but they are not the same charge. Identity theft involves using another person's personal information, such as a Social Security number, birth date, or account details, without permission. Credit card fraud specifically involves the misuse of a credit or debit card, whether physical or digital.

These two charges overlap when someone uses stolen personal information to open a new credit account, activate a card, or gain access to an existing account. For example, if someone uses a stolen Social Security number to apply for a credit card and then makes purchases with it, prosecutors may pursue both an identity theft charge and a credit card fraud charge from the same actions.

These charges can even stem from a single act, and the evidence used to prove one often supports the other. That overlap can make these cases more complex, since prosecutors may present financial records, account applications, and surveillance footage to support multiple charges at once.

Can You Be Charged With Theft and Credit Card Fraud Separately in Illinois?

Illinois law allows prosecutors to file theft and credit card fraud as separate charges. Theft involves unlawfully taking someone else's property, while credit card fraud involves the unauthorized use of a credit or debit card. Because these are distinct offenses under Illinois law, a single incident can lead to multiple charges and, if convicted, multiple penalties.

For example, if someone steals a wallet and later uses the credit card inside it to make purchases, the state can charge that person with both theft of the wallet and credit card fraud for the unauthorized purchases. Each charge carries its own potential penalties, and a conviction on both can lead to a longer sentence or steeper fines than a single charge would carry on its own. 

Contact a DuPage County, IL Criminal Defense Attorney

Credit card fraud charges are serious, and the penalties severe. Davi Law Group, LLC will fight for you and build a defense to protect your future. Our experienced Naperville, IL credit card fraud lawyer is ready to provide reliable representation whether you fight the charges in court or negotiate a plea deal. 

Put your trust in our firm to safeguard your rights. Contact our office at 630-580-6373 to schedule a free consultation to discuss your case.