Access Device Fraud in Louisiana

La RS 14:70.4

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Access Device Fraud cases in Louisiana can be highly fact-intensive which requires a skilled attorney with a wide range of knowledge to effectively defend a client. Mr. Barkemeyer is experienced in handling this type of case.

Every year in the United States, over 9 million identities are stolen and the state of Louisiana is not exempt from this statistic. Identity theft and fraud are very serious crimes in nation and state are often met with harsh penalties to persuade the crimes. These activities are considered very serious because our identities are very integral to our everyday lives and essentially define who we are as citizens. Access device fraud is one form of identity fraud and it is highly prosecuted in the state of Louisiana. If you have recently been charged with access device fraud in the Baton Rouge area, it is highly recommended to seek legal assistance immediately so that your case can be given the attention it requires to help defend your freedom in court. Carl Barkemeyer is an extremely experienced criminal defense attorney who has handled and defended many access device fraud charges over numerous years. It is important to get legal aid with your access device fraud case because every case has specific circumstances that define them and each case needs to be looked at carefully to determine how to best defend you. Mr. Barkemeyer and his legal team will work with you through the case to determine your most potent defense against access device fraud charges so that you can potentially attain the most positive result possible from your case.

What is access device fraud?

Access device fraud is a criminal charge that has wide-reaching effects and can be consisted of many different activities at once. First off, it is important to define what an access device is. An access device can be considered as anything that could be used to falsify your identity to obtain items of value. The full definition of an access device under Louisiana state law of La R.S. 14:70.4. Access device fraud is as follows:

-           "Access device" means a person's social security number, driver's license number, birth date, mother's maiden name, checking account numbers, savings account numbers, personal identification numbers, electronic identification numbers, digital signatures, or other means of account access that can be used to obtain anything of value, whether contemporaneously or not.

All of these different forms of personal information can be used to falsify the victim’s identity and defraud the victim by seeking to obtain money or items of monetary value from the victim. Access device fraud is very similar to identity theft except that it is generally seeking to take items of monetary value from the victim. The type of information used by the offender charged with access device fraud is important to differentiate because it can make all the difference in the defense of the case. The definition of defrauding an access device under Louisiana state law is as follows:

            A. No person shall without authorization and with the intent to defraud transfer an access device to another person.

             B. No person shall without authorization and with the intent to defraud possess an access device issued to another person.

             C. No person shall with the intent to defraud use, possess, or transfer device-making equipment or a counterfeit access device.

Access device fraud has to do with stealing another person's identity and using it to defraud them or others. That is not all, if you have transferred your access device to somebody else with the intention of defrauding them or somebody else, you have committed access device fraud. If you have also purchased an access device equipment that makes counterfeit or real access devices, you have, just as much, committed the crime.

Here are the terms properly explained below:

●      Access device: an access device includes any kind of identification that a person uses to access his or her personal accounts. Examples of access devices include driver's license number, birth date, mother's maiden name, digital signature, social security number, savings account number, checking account number, electronic identification number, and any other possible means of accessing personal or group accounts. These accounts must possess some sort of value to the owner(s) and that is why they have their personal access devices.

●      Device making equipment: when we say device making equipment, we are actually talking about any equipment that enables you to create an access device, whether original or counterfeit.

●      Counterfeit access device: simply put, this means an access device that has been tampered with and forged. It is an access device that is fake and usually made with the intention of fraud.

What are some defenses ito access device fraud charges?

Here are some of the defenses that you can claim:

●      That the act wasn't done with the intention of defrauding anybody: a good attorney would see to it that your stance is clearly stated and your charges cleared.

●      That the occurrence was a mistake

●      That you were authorized by the owner of the access device to use it.

●      That you're acting within your legal rights to possess an access device equipment.

●      That the defendant is, or was, mentally ill at the time.

What are the Penalties for Access Device Fraud in Louisiana?

The punishments and penalties for being charged with access device fraud are very hefty and can drastically hurt your future so it is important to devise the best defense possible against the charges. The penalties also increase in severity as the monetary value of the defrauded accounts and items increases so that it follows with how serious the actual charge is. Being charged with access device fraud can also be included on your criminal permanent record which will limit your opportunities in the future like employment and applying for school. The penalties for being charged with access device fraud under Louisiana state law are defined as:

             (1) A person who commits the crime of access device fraud when the misappropriation or taking amounts to a value of $25,000 or more shall be imprisoned at hard labor for not more than twenty years, or fined not more than $50,000, or both.

             (2) When the misappropriation or taking amounts to a value of $5,000 or more, but less than a value of $25,000, the offender shall be imprisoned, with or without hard labor, for not more than ten years, or fined not more than $10,000, or both.

             (3) When the misappropriation or taking amounts to a value of $1,000 or more, but less than a value of $5,000, the offender shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than $3,000, or both.

             (4) When the misappropriation or taking amounts to a value of less than $1,000, the offender shall be imprisoned for not more than six months or fined not more than $500, or both.

             (5) Upon a third or subsequent conviction of theft, the offender shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than $2,000, or both.

How Is Access Device Fraud Punished?

Access device fraud is any type of crime that involves the use of a debit card, credit card, social security number, account number, and other types of account access to initiate a fraudulent transfer of money from one account to another. It involves taking another person's access device to make a purchase without asking them first. It is an illegal activity to access another person's financial or account information without their permission.

Access device fraud is a common offense you would find people getting convicted for daily. It usually turns out to be a serious case and, of course, with grave consequences. Improved technology has made it easy for people to access another person's financial information and carry out fraudulent activities within a short time. Citizens are usually advised to keep their financial information safe to prevent an unauthorized user from buying dinner, paying for groceries, or doing online purchases with their account information.

This crime leaves victims with financial damages, which puts an offender in for a criminal charge. Anyone who is charged with access device fraud needs to immediately contact a skilled access device fraud lawyer in Louisiana. It's usually a big case, so you need a skilled and experienced lawyer like Attorney Carl Barkemeyer to defend you incisively.

In What Situations Can You Get Punished for Access Device Fraud

• Access device fraud would normally involve social security number, credit card, debit card, account number, birth date, driver's license, personal identification number, electronic identification number, and other information that can give access to another person's account. There are cases where some individuals are found to have forged or altered another person's information to gain access to their device.
• Cases of forging or altering information to gain access to another person's device are known as Counterfeit access (in which the identification number, driver's license or any other mode of identification is forged to gain access to someone else's account. Also, a person found in possession of equipment for creating a counterfeit access device can be charged and convicted for an access device fraud crime.
• According to the federal law regulating Louisiana, the intent to carry out access device fraud can incur an access device fraud charge. If the police find you with identification numbers or cards, driver's licenses, or any other material that shows you are trying to impersonate another person, you can be charged for access device fraud. Also, the intent to transfer a counterfeit access device is punishable. If you are caught making access devices with the intent to distribute, you will face a legal charge.
• Using someone else's (maybe a friend) credit card to pay your expenses without getting their permission can incur an access device fraud charge. As long as you used your friend's card without getting their consent, you are guilty of access device fraud. If you create or sell another person's access device, you are also guilty of the crime. There is a frightening consequence for a person who has taken it as a job to make counterfeit access devices for other people.

Punishment for Access Device Fraud

Every criminal offense has punishment attached, access device fraud crime is not exempted. Access device fraud is one of the crimes that are severely punished, especially when additional factors known as aggravating factors are considered.

• Access device fraud is charged as a misdemeanor or felony, depending on the severity of the crime. The severity of the punishment is determined by the amount of financial damage done. If an amount up to $500 but less than $1,500 was transferred, withdraw, or used in making a payment on another person's access device, the offender is incarcerated for up to 5 years or made to pay a fine of up to $3,000 or serve both penalties.
• If the crime is valued at $1,500 or more, the offender is made to face prison time of up to 10 years or pay a fine of $5,000, or both. For a crime of less than $500, which is usually treated as a misdemeanor, the offender shall be incarcerated for not more than 6 months or pay a fine of up to $500, or both.
• Prior or multiple offenses are one of the major factors that contribute to the severity of the punishment of an offender. It also determines if an access device fraud will be punished as a misdemeanor or a felony. For an offender with prior offenses (say a third offense), the offender is imprisoned for up to 10 years or made to pay a fine up to $10,000, or both.

What to Do Upon an Access Device Fraud

If you have been charged with an access device fraud crime, you should do your best to stay calm while you get through to a criminal defense lawyer. The worse mistake you'd make upon a criminal charge is to get defensive to prove your innocence to the arresting officers. This may incur additional charges, which you don't need at that point.

Avoid getting confrontational with the officers or spewing implicating words. You may choose not to speak to them until you see your lawyer, however, be polite about it. This makes things much easier for your lawyer. Also, you shouldn't waste time in contacting your criminal defense lawyer as you do not have the option to keep mute forever. Act fast so that you can get the best possible help.

Criminal Lawyer in Louisiana for Access Device Fraud

If you have been charged for access device fraud, you need to reach out to Carl Barkemeyer for all the legal assistance that you may need. Carl Barkemeyer is a man of experience and skills in criminal law. He puts in all effort to ensure that you get the representation that you deserve. He analyzes your case and brings up a defense strategy that will get you the best possible result. If you have been charged for access device fraud, do not delay in contacting Carl Barkemeyer at 225-964-6720 for legal representation.

The most important step to take if you have recently been charged with access device fraud is to seek legal assistance immediately so that the defense for your case can be crafted to fit your exact case with the specific evidence and charges of your case. Carl Barkemeyer is a very knowledgeable criminal defense attorney who can aid you in fighting for your freedom against access device fraud charges in Louisiana and the Baton Rouge area. If you are facing access device fraud charges in Louisiana, contact us at (225) 964-6720 for legal representation from Mr. Barkemeyer and his legal team in your case.

 Contact Baton Rouge Access Device Fraud Defense Attorney Carl Barkemeyer, Criminal Defense Attorney for legal representation.