Financial Transaction Card Theft in Georgia

At Bixon Law, we understand the various stages of Transaction Card Theft. Our team will work with you to ensure that you are treated fairly and receive the best possible outcome for your case. With years of experience handling transaction card theft cases, our attorneys are well-versed in Georgia’s laws and know how to navigate the legal system effectively to protect your rights.

We recognize that every case is unique so our team will meticulously review the details of your situation to develop a customized defense strategy tailored to your specific circumstances, ensuring a comprehensive approach to your defense.

Financial crimes can have multiple stages, each including its own charges.  When financial crimes include a credit card or other “Financial Transaction Card”, the first crime that prosecutors will attempt to charge is likely theft.  Actually using the card is a separate crime that falls under O.C.G.A. § 16-9-33 Financial Transaction Card Fraud.  Here is what it takes to be convicted of O.C.G.A. § 16-9-31, Financial Transaction Card Theft.

Definition of Transaction Card Theft

In Georgia, the criteria for Financial Transaction Card Theft is defined under O.C.G.A. § 16-9-31(a).  This statute has multiple subsections and ways that the prosecutor can prove the crime, listed and explained below.  

O.C.G.A. § 16-9-31(a)(1)

“They take, obtain, or withhold a financial transaction card from the person, possession, custody, or control of another without the cardholder’s consent; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder”

This is the main and most common way that the crime can be committed, and breaks it down into two categories:  1) taking the card, and 2) receiving the card with bad intentions.  “Taking” the card can also be withholding the card though- for example, if your roommate gives you their debit card to pick up some food and then you say you lost it or refuse to give it back, this would be enough for the prosecutor to say that you took or withheld the card.  Note that to be convicted you don’t have to be intending to use the card in any specific way if you are taking (or withholding) the card, it just has to be in your possession.  If receiving the card, however, you have to have received it intending to use it for yourself or to give/sell it to somebody.  The classic examples here would be buying a stolen credit card from somebody on the streets or being involved in a card theft ring.  Both taking and receiving require that you know the legal card owner did not consent.

O.C.G.A. § 16-9-31(a)(2)

“He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and he retains possession with intent to use it or sell it or to transfer it to a person other than the issuer or the cardholder”

This one is pretty simple.  It basically just expands on the above section to say that if you find a lost card or a card was accidentally delivered to you, keeping it to use or sell instead of trying to get the card to its owner counts as theft.

O.C.G.A. § 16-9-31(a)(3)

“He, not being the issuer, sells a financial transaction card or buys a financial transaction card from a person other than the issuer”

Where the first subsection says that you have to intend to use or sell the card at the very moment in which it came into your possession, this section eliminates a need to prove bad intentions when there is a sale and purchase proven.

Defenses for Transaction Card Theft

Each defense that your legal team might use must be supported by relevant evidence and testimony. The applicability of these defenses depend on the specific facts and circumstances of the case.

Lack of Intent

For Taking or Withholding a Card: The defense can argue that the defendant did not intend to withhold the card. For example, if the card was misplaced or the defendant believed that they had the cardholder’s consent, it may negate the element of intent required for this crime.

For Receiving a Card: The defense can argue that the defendant did not have the intent to use, sell, or transfer the card. For instance, if the card was kept temporarily with the intention of returning it to its owner, it can undermine the claim of intent to misuse.

Mistake of Fact

For Receiving a Lost or Mislaid Card: The defense can argue that the defendant was unaware that the card was lost or mislaid and believed it was given to them legitimately. If the defendant reasonably believed that they were the rightful possessor of the card, this can be a strong defense.

Consent

For Taking or Withholding a Card: The defense can argue that the cardholder had given consent to the defendant to take or use the card. Documented or verbal consent can be pivotal in establishing that there was no theft.

No Authorized Use

For Selling or Buying a Card: The defense can argue that the card was not sold or purchased but was merely in the possession of the defendant without any transaction occurring. If the transaction cannot be proven, this defense can be effective.

Punishments for Transaction Card Theft

Per O.C.G.A. § 16-9-38(b), A person subject to punishment under this subsection shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one year nor more than three years, or both.

Case Law

In the Georgia Appeals Court case of Bell v. State, a woman walked into a pizza shop holding her keys and debit card.  After reaching the counter, she realized that her card was no longer in her hand.  She retraced her steps to and from her car looking to see where she had dropped the card, but found nothing.  Another patron who witnessed the event stated that defendant Bell had taken her card off the ground inside the pizza shop.  Although Bell denied these allegations, a police report was filed and surveillance video showed the victim dropping the card accidentally and Bell subsequently picking it up off the ground and exiting the store.  Bell claimed that the evidence was not sufficient to support a conviction because the debit card was not taken from the victim’s possession.  The court found that because the victim was the named cardholder she was implied to have control over the card.  Regardless, even if the card were to be considered lost or mislaid property, that would be a violation of O.C.G.A. § 16-9-31(a)(2) which concerns lost or mislaid cards.

Contact Bixon Law Today for Transaction Card Theft Assistance

If you have been charged with Financial Transaction Card Theft and need the best local criminal defense attorney, give Bixon Law a call today to speak to one of our experienced criminal defense attorneys. We will vigorously defend your criminal defense rights, and advocate on your behalf to have your criminal case dismissed or your charges reduced. As experienced trial attorneys, we are not afraid to take your case to trial if necessary. We represent clients in Atlanta and throughout the state of Georgia. We are lawyers who are committed to helping people in difficult situations, and we invite you to call us at (404) 551-5684 for a free consultation on your case today.