what is the sentence for first offense credit card fraud?

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what is the sentence for first offense credit card fraud?

How do you determine whether the charges are class A,B,ect….felony

Asked on July 2, 2009 under Criminal Law, South Carolina

Answers:

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

Answered 11 years ago | Contributor

As to the charges, look at the arrest papers if they were provided to you.  Otherwise, call  your attorney; if you don't have one then contact the DA's office.

Without more details of your case, I will assume that it is governed by the following statute: 

SECTION 16-13-30.Petit larceny; grand larceny.

(A) Simple larceny of any article of goods, choses in action, bank bills, bills receivable, chattels, or other article of personalty of which by law larceny may be committed, or of any fixture, part, or product of the soil severed from the soil by an unlawful act, or has a value of one thousand dollars or less, is petit larceny, a misdemeanor, triable in the magistrate's court. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

(B) Larceny of goods, chattels, instruments, or other personalty valued in excess of one thousand dollars is grand larceny. Upon conviction, the person is guilty of a felony and must be fined in the discretion of the court or imprisoned not more than:

(1) five years if the value of the personalty is more than one thousand dollars but less than five thousand dollars;

(2) ten years if the value of the personalty is five thousand dollars or more.

SECTION 16-13-35. Presumed value of credit card subject to larceny.

Notwithstanding any other provision of law, in any criminal prosecution where a credit card currently in force is the subject of a larceny, the value of the same shall be prima facie presumed to be greater than fifty dollars.

As used in this section "credit card" shall mean an identification card, credit number, credit device or other credit document issued to a person by a business organization which permits such person to purchase or obtain goods, property or services on the credit of such organization.

If this is a first offense you would probably receive the lower end of sentencing.  In fact, for a first time offender, you may be offered some form of alternative sentencing.  Essentially, this would put you on probation and leave you with the potential of a clean criminal record. 

You need to consult with an attorney in your area about all of this.

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

Answered 11 years ago | Contributor

As to the charges, look at the arrest papers if they were provided to you.  Otherwise, call  your attorney; if you don't have one then contact the DA's office.

Without more details of your case, I will assume that it is governed by the following statute: 

SECTION 16-13-30.Petit larceny; grand larceny.

(A) Simple larceny of any article of goods, choses in action, bank bills, bills receivable, chattels, or other article of personalty of which by law larceny may be committed, or of any fixture, part, or product of the soil severed from the soil by an unlawful act, or has a value of one thousand dollars or less, is petit larceny, a misdemeanor, triable in the magistrate's court. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

(B) Larceny of goods, chattels, instruments, or other personalty valued in excess of one thousand dollars is grand larceny. Upon conviction, the person is guilty of a felony and must be fined in the discretion of the court or imprisoned not more than:

(1) five years if the value of the personalty is more than one thousand dollars but less than five thousand dollars;

(2) ten years if the value of the personalty is five thousand dollars or more.

SECTION 16-13-35. Presumed value of credit card subject to larceny.

Notwithstanding any other provision of law, in any criminal prosecution where a credit card currently in force is the subject of a larceny, the value of the same shall be prima facie presumed to be greater than fifty dollars.

As used in this section "credit card" shall mean an identification card, credit number, credit device or other credit document issued to a person by a business organization which permits such person to purchase or obtain goods, property or services on the credit of such organization.

If this is a first offense you would probably receive the lower end of sentencing.  In fact, for a first time offender, you may be offered some form of alternative sentencing.  Essentially, this would put you on probation and leave you with the potential of a clean criminal record. 

You need to consult with an attorney in your area about all of this.


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