What is the criminal penalty for identy theft? 34 Answers as of August 31, 2011

What is the criminal penalty for a fist time offender for credit card identy theft for less than $100.00?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Identify theft can be punished in Michigan by up to five years in prison plus a fine of $25,000. You could also be charged with fraudulent use of a credit card which with the value you listed would be a one-year misdemeanor.
Answer Applies to: Michigan
Replied: 8/31/2011
Frances R. Johnson
Frances R. Johnson | Frances R. Johnson
The amount "stolen" is not determinative of the classification of the offense. Identity theft is a class 4 felony, punishable by a presumptive prison sentence from 2 to 6 years, 3 years of mandatory parole, a fine from $2,000 to $500,000. If there is a prior conviction for felony theft, a prison sentence is mandatory. On a first offense, the defendant should have his/her attorney seek possible alternatives to lower the charge and/or a deferred sentence. If the defendant is not a U.S. citizen, he/she should also be aware of the possible impact on his/her immigration status (theft is a crime of moral turpitude and a guilty plea, even in a deferred, will impact the person's immigration status).
Answer Applies to: Colorado
Replied: 8/9/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
Identity Theft is a class C felony, one year and a day to ten years, based on the record of the person charged.
Answer Applies to: Alabama
Replied: 8/8/2011
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
It depends on the court. Some courts will give you a chance to keep your record clean by doing some community service and staying out of trouble. Some will allow you to plead to a lesser charge and pay a fine. But some will adopt identity theft as their new boogey man and will step on you hard. You should talk to a local lawyer.
Answer Applies to: California
Replied: 8/4/2011
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Without more info, probably be charged as a gross misdemeanor, punishable by up to 1 year in jail and a $5,000.00 fine.
    Answer Applies to: Washington
    Replied: 8/4/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    In Missouri, the stealing of a credit card is a class C felony, which is punishable by up to seven years in prison. However, if you are a first time offender, an attorney should be able to negotiate a good deal for you that would involve probation. If you have further questions, please feel free to contact our office.
    Answer Applies to: Missouri
    Replied: 8/4/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The penalty depends entirely upon how the State chooses to charge the crime. If a misdemeanor, it would be a class A punishable by jail up to 12 months and fine up to $2500. If a felony the penalty would depend upon the level of felony charged combined with the defendant's personal criminal history.
    Answer Applies to: Kansas
    Replied: 8/3/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    This response is general information only and does not establish an attorney client relationship. However, i would need further details but you should hire an attorney to negotiate a plea.
    Answer Applies to: New York
    Replied: 8/3/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    8-3-11 I believe that any charge for identity theft is a felony. If it is a class C felony punishment would be from 1 year and 1 day to ten years in the state prison, a fine not to exceed $15,000 and restitution.
    Answer Applies to: Alabama
    Replied: 8/3/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    It is possible that you may be charged with two separate crimes if this were to have happened. Identity theft on one hand and theft on the other. In Louisiana, the potential penalties for 'theft under $500' is jail time of up to 6 months and/or fines of up to $1,000. Generally, the penalties for identity theft are jail time of up to 6 months and/or fines of up to $500. The penalties are harsher if the victim of the identity theft is 60 years or older, disabled, or under the age of 17 (up to 1 year in prison and/or fines of up $500). Since the potential penalties for these crimes can be quite serious, you should refrain from discussing any potential wrongdoing on the internet and seek out the services of an experienced criminal defense attorney immediately.
    Answer Applies to: Louisiana
    Replied: 8/3/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    This can be a misdemeanor or a felony. If a misdemeanor then the max. would be one year in county jail and/or a $10,000.00 fine. If a felony then 18 months two years or three years in state prison. You do need an attorney for this.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    It could be a felony for felony use of a communication facility.
    Answer Applies to: Pennsylvania
    Replied: 8/3/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The penalty would be dependent on the charge that is filed against you. Without knowing the charge, there is no way of knowing what the maximum penalty could be. Based on the various laws, it could be charged as a misdemeanor or a felony.
    Answer Applies to: Michigan
    Replied: 8/3/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If it is an E felony the maximum prison term is 4 years. The minimum is probation and the average person pleads to Petty Larceny and is placed on 3 years probation.
    Answer Applies to: New York
    Replied: 8/3/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    It depends on many factors such as your criminal record, your age and circumstances in life, the details of the offense, etc. It sounds like the offense is relatively minor. With luck you could get off with an anti-theft class, a fine, and then a reduction to an infraction or dismissal upon successful completion of probation.
    Answer Applies to: California
    Replied: 8/3/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    In Michigan it is a felony that carries 4 years in prison.
    Answer Applies to: Michigan
    Replied: 8/3/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The potential penalty depends on the facts of the case and the amount, if any of any financial loss. A loss under $500 is a misdemeanor and is punishable by up to 90 days in jail and a $1000 fine. As the loss increases, so does the potential penalty.
    Answer Applies to: Minnesota
    Replied: 8/3/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Depends upon what charges are brought, and whether they are federal, or state, or both. You'll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges. The charges determine how much time would be imposed if convicted. Anywhere from simple misdemeanor with a little jail time, to felony with several years of prison time. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 8/3/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    This sentencing range for a first time offender charged with ID theft 2nd is 0 to 90 days. This is a class C felony as well.
    Answer Applies to: Washington
    Replied: 8/3/2011
    Night Life Lawyers
    Night Life Lawyers | Joshua Aldabbagh
    Your description sounds like the fraudulent use of a credit card. You could be convicted of a category D felony and be ordered to pay restitution. A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute. Additionally, there is a good chance you will be charged in Nevada Federal Court instead of a state court. If you are charged with fraudulent use of a credit card, you should hire an attorney to represent you.
    Answer Applies to: Nevada
    Replied: 8/3/2011
    Law Office of Sara Sencer McArdle
    Law Office of Sara Sencer McArdle | Sara Sencer McArdle
    Could be treated as a 4th degree crime punishable by 18 mos in prison and fine of up to $10,000. Amy be downgraded back to municipal court.
    Answer Applies to: New Jersey
    Replied: 8/3/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Identity theft is a felony. The penalty would depend on the offender's criminal history and whether he or she has been charged with concurrent felony violations. This information would be plugged into a form that calculates an "offender score" and gives a range of possible sanctions. The best source of specific information is the Washington State Sentencing Guidelines Commission Adult Sentencing Manual. You can find a copy in your county's law library or access it on line at the Commission's web site.
    Answer Applies to: Washington
    Replied: 8/3/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The possibile penalty is one to ten years.
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    ID theft is a class 4 felony DAs are taking this very seriously bc it gets so much press. There is no mandatory prison time, and probation is likely, but the presumptive prison range is 2-6 years with 3 years of parole. Beware of the felony deferred sentence, a misdemeanor offer is so much better.
    Answer Applies to: Colorado
    Replied: 8/3/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Could be a number of factor. No one is going to be able to tell you what is a good deal for your case without a thorough investigation of the case. Any one can cite the maximum penalty but almost no one ever gets the maximum penalty. What you need to do is sit down with an attorney and discuss your case.
    Answer Applies to: California
    Replied: 8/3/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Tex. Penal Code Ann. 32.51 Fraudulent Use or Possession of Identifying Information An offense under this section is: a state jail felony if the number of items obtained, possessed, transferred, or used is less than five. An offense under this section is: a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10. An offense under this section is: a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50. An offense under this section is: a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more. An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by 22.04. Restitution If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense. Credit card abuse is a different statute and it is a felony, too.
    Answer Applies to: Texas
    Replied: 8/3/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    Second Degree Identity Theft is a Class C felony. 5 year maximum, with a sentence range of 0 - 90 days in jail.
    Answer Applies to: Washington
    Replied: 8/3/2011
    Law Office of Joseph Schodowski
    Law Office of Joseph Schodowski | Joseph Schodowski
    Identity Theft in the Second Degree occurs when the value of the credit is less than $1500.00. This means if even only a dollar of credit is used, you can still be found guilty. This is a Class C felony and is punishable by up to five years in prison and/or a fine in the amount of $10.000.00.
    Answer Applies to: Washington
    Replied: 8/3/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Hard to say. ID theft can be a felony or a misdemeanor, with corresponding consequences.
    Answer Applies to: California
    Replied: 8/3/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Petty Theft is punishable by up to six months in county jail and up to $1,000 fine.
    Answer Applies to: California
    Replied: 8/3/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    All theft charges are graded by the value of the thing stolen. Thefts involving less that $200.00 are disorderly persons offenses punishable by up to six months in jail and a $1,000.00 fine.
    Answer Applies to: New Jersey
    Replied: 8/3/2011
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