Can You Be Charged With Credit Card Fraud Without Using the Card?

 Posted on November 09, 2026 in Criminal Defense

Credit card fraud in the state of Wisconsin encompasses a wide variety of offenses. You might assume that as long as no money was transferred or no transactions were made, no crime was committed. However, you could still face criminal penalties even if you never used someone else’s card.

At Bucher, Wolff & Sonderhouse, LLP, our Waukesha County, WI criminal defense lawyers have over 50 years of experience. Over the history of our firm, we have handled many serious cases, including felony fraud charges. Our attorneys can explain the charges against you in a credit card fraud case and go over your options for your defense.

Does Credit Card Fraud Need to Involve a Purchase in Wisconsin?

Credit card fraud in Wisconsin does not require an actual purchase. Many people assume a fraud charge only follows a swipe at a register or an online order. State law reaches much further than that. Wisconsin treats several acts involving a card as crimes, even when no money or goods change hands (Wisconsin State Legislature Section 943.41).

The law also covers more than credit cards. It applies to debit cards, ATM cards, and other cards a bank or business issues for buying on credit or getting cash. A person can face charges for any of the following acts without ever using the card:

• Lying in writing about your identity or finances to get a card issued

• Taking a card from another person without the cardholder’s consent

• Holding another person’s card as security for a debt with intent to defraud

• Making, changing, or knowingly possessing a fake card

• Possessing an incomplete card with the intent to finish it without the issuer’s consent

Intent is often the center of these cases. Picking up a lost wallet and planning to return it is not a crime. Keeping the card inside so you can use it later may be. The difference can be hard to see from the outside. Police often rely on text messages, location data, and your own statements to argue what you were thinking.

What Penalties Could You Face for Credit Card Fraud in 2026?

The punishment for credit card fraud depends on the specific act and, for card use, the dollar amount involved. Several offenses that do not involve using the card are Class A misdemeanors. These include making false statements to get a card, taking a card without consent, keeping a lost card, buying or selling a card, and holding a card as security for a debt. A Class A misdemeanor carries up to nine months of jail time and a possible fine of up to $10,000.

Other acts that never involve a purchase are felonies. Making, altering, or knowingly possessing a counterfeit card is a Class I felony. Possessing three or more cards when you have reason to know they were taken or kept illegally is also a Class I felony. A Class I felony carries a maximum of three and a half years in prison along with a fine of up to $10,000.

The penalties for fraudulent use of a card are assessed by value. Prosecutors can add together charges from separate transactions made within six months. Use totaling $2,500 or less is a Class A misdemeanor. Use totaling more than $2,500 but no more than $5,000 is a Class I felony. Amounts over $5,000 up to $10,000 lead to a Class H felony, which carries up to six years in prison. Anything above $10,000 is a Class G felony, with up to 10 years in prison and a fine of up to $25,000.

Courts can also order you to pay restitution to the cardholder, bank, or business. The damage does not end with the sentence. A fraud conviction can make it harder to pass background checks, rent an apartment, or work in fields like banking, retail, and health care.

What Defenses Can You Raise in a Credit Card Fraud Case?

Defenses in a credit card fraud case often focus on what you knew and what you meant to do. Most offenses under Wisconsin’s card fraud law require proof that you knew a card was stolen, lost, or fake. Many also require intent to defraud. If the state cannot prove your state of mind beyond a reasonable doubt, the charge may not hold up.

Consent is a common defense. A parent, partner, or roommate may have let you use a card, then changed the story after a breakup or family fight. Texts, emails, and past spending habits can show that you had permission.

Lack of knowledge is another option. You may have received a card from a friend or found one mixed in with your mail without knowing anything was wrong. Holding a card is not the same as knowing it was taken illegally.

Your attorneys can also challenge how the evidence was gathered. If police searched your phone, car, or home without a valid warrant or a lawful exception, a court may throw out that evidence. Disputing the dollar amount can also affect how your case is prosecuted. Lowering the total value may reduce a felony to a misdemeanor. 

Some defenses are not applicable in the state. Wisconsin law specifically states that it is not a defense if part of the crime took place in another state or it was not illegal where it occurred.

Can You Expunge a Credit Card Fraud Conviction in Wisconsin?

Expunging a credit card fraud conviction in Wisconsin is possible in some cases, but the rules are among the strictest in the country. The judge must order expungement at the time of sentencing. If the judge does not grant it then, you cannot come back later and ask for it.

To qualify, you must have been under 25 when the offense happened. The crime must carry a maximum prison term of six years or less. That means Class A misdemeanors, Class I felonies, and Class H felonies can qualify, but a Class G felony cannot. You also cannot have a prior felony conviction, and the offense cannot be a violent felony. Once the court orders expungement, the record is sealed only after you complete your sentence successfully, including any probation terms.

Contact Our New Berlin, WI Criminal Defense Lawyers

A credit card fraud charge can follow you for years, even when you never bought a single item with the card. At Bucher, Wolff & Sonderhouse, LLP, we look closely at how police built the case against you and fight for an outcome that protects your record. We also make sure expungement is part of the conversation before sentencing if you qualify. Contact our Waukesha County, WI fraud defense attorneys or call 262-232-6699 to arrange a free initial consultation.