What happens after a first offense credit card fraud? 5 Answers as of April 11, 2012

What is the penalty for a first time offender who commits credit card fraud in the state of Texas in the amount of $330?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Credit Card Abuse is a State Jail Felony in Texas, provided however, if the victim (owner of the card) is elderly or disable the charge can be enhanced to a 3rd degree felony. The maximum punishment for a SJF is 180 days up to 2 years in a State Jail Facility and fines. The maximum punishment for a 3rd degree is 2 years up to 10 years in prison. What happens on a first offense is a matter of consideration by the courts of the circumstances, how you act in court, how you acted when arrested, who was the victim, what you acquired with the credit/debit card etc. By way of explanation, if you bought beer and wings for friends, the Judge and DA is likely to treat you much less favorably than if you bought baby formula and diapers for your infant child. Finally, the victim and his/her statement, how much they were hurt will affect what happens (taking someone's last $330 and they had to go without food and it will not bode well for you). Simply put, there is absolutely no way and lawyer who has ever darkened the door of a courtroom can tell you what will happen on a first offense of any nature with so few details and no opportunity to review the operative facts. I can only tell you the worst case scenario which is the maximum punishments set out above.
Answer Applies to: Texas
Replied: 4/11/2012
Law Office of Timothy M. Donahue | Timothy M. Donahue
It depends on whether that person has an ability to make restitution. It also depends on the facts of how the fraud occurred. It depends on what county in which the case is being prosecuted.
Answer Applies to: Texas
Replied: 4/11/2012
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Could probably get deferred adjudication probation if the state can even prove the case.
Answer Applies to: Texas
Replied: 4/10/2012
Mark Thiessen, Attorney at Law
Mark Thiessen, Attorney at Law | Mark Thiessen
You could do jail or pay a fine. With a good lawyer they can get you out of it through dismissal or deferred. But all depends on your lawyer the court and the DA
Answer Applies to: Texas
Replied: 4/10/2012
Robert Valles and Associates P.C.
Robert Valles and Associates P.C. | Robert Valles Jr.
You face 2 to 10 years
Answer Applies to: Texas
Replied: 4/10/2012
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