i stole a credit card used it twice and forged a name once. How much time would i do? what can happened? the bank is pressing charges

Get Legal Help Today

 Secured with SHA-256 Encryption

i stole a credit card used it twice and forged a name once. How much time would i do? what can happened? the bank is pressing charges

Asked on May 1, 2009 under Criminal Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Where did you use? Across state lines? Credit card fraud is huge, and so is forgery.  You seem so non-chalant about it. Why? You committed a crime, in fact quite a few crimes.  Get a lawyer. Is this your first offense? Are you a minor or adult? If you are a minor, you can still be charged as an adult.  Try www.attorneypages.com or Arizona state bar.

Of course the bank is pressing charges. The bank needs to protect its interests.   How much did you charge?

1. Credit Card Fraud:

13-2105. Fraudulent use of a credit card; classification

A. A person commits fraudulent use of a credit card if the person:

1. With intent to defraud, uses, for the purposes of obtaining or attempting to obtain money, goods, services or any other thing of value, a credit card or credit card number obtained or retained in violation of this chapter or a credit card or credit card number which the person knows is forged, expired, cancelled or revoked; or

2. Obtains or attempts to obtain money, goods, services or any other thing of value by representing, without the consent of the cardholder, that the person is the holder to a specified card or by representing that the person is the holder of a credit card and the card has not in fact been issued.

B. Fraudulent use of a credit card is a class 1 misdemeanor. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is two hundred fifty dollars or more but less than one thousand dollars in any consecutive six-month period the offense is a class 6 felony. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is one thousand dollars or more in any consecutive six-month period the offense is a class 5 felony.

 

2.  Forgery of a credit card:

13-2104. Forgery of credit card; classification

A. A person commits forgery of a credit card if the person:

1. With intent to defraud, alters any credit card, falsely makes, manufactures, fabricates or causes to be made, manufactured or fabricated an instrument or device purporting to be a credit card without the express authorization of an issuer to do so, or falsely embosses or alters a credit card, or instrument or device purporting to be a credit card, or utters such a credit card or instrument or device purporting to be a credit card; or

2. Other than the cardholder, with intent to defraud, signs the name of any actual or fictitious person to a credit card or instrument for the payment of money which evidences a credit card transaction.

B. Forgery of a credit card is a class 4 felony.

 

3. Sentencing: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=13

And look up these statutory provisions:

Chapter 7IMPRISONMENT
13-701Sentence of imprisonment for felony; presentence report; aggravating and mitigating factors; consecutive terms of imprisonment; definition
13-702First time felony offenders; sentencing; definition
13-703Repetitive offenders; sentencing
13-704Dangerous offenders; sentencing
13-705Dangerous crimes against children; sentences; definitions
13-706Serious, violent or aggravated offenders; sentencing; life imprisonment; definitions
13-707Misdemeanors; sentencing
13-708Offenses committed while released from confinement
13-709Offenses committed in school safety zone; sentences; definitions
13-709.01Special sentencing provisions; assault
13-709.02Special sentencing provisions; organized crime; fraud; terrorism
13-709.03Special sentencing provisions; drug offenses
13-709.04Special sentencing provisions; family offenses
13-710Sentence for second degree murder
13-711Consecutive terms of imprisonment
13-712Calculation of terms of imprisonment

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Hard to say based on the information given.  What I can tell you is that you have committed theft, fraud, forgery and who knows what other charges they may come up with.  Some mitigating factors would be things such as your age, prior criminal history, circumstances surrounding the crime and the amount stolen.

Frankly you are in serious trouble and quite probably facing jail time.  Speak with a criminal lawyer.  If you need help in finding one try www.AttorneyPages.com.  A good attorney might be able to either get the charges dropped if there has been a legal impropriety of some sort or at least reduced based on some of the factors I just listed above.  Whatever you do, do it fast this problem is not going away.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption