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