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Sunday, January 3, 2010

Credit Card Fraud Penalties

What is the punishment for credit card fraud?

Credit card fraud penalties credit card fraud rate, and varies depending on classes and crimes and misdemeanors by the jurisdiction and the state. Find general information on convictions in New York (we assume all states of defense lawyers and federal and credit card fraud cases).

1. Third-degree identity theft is a Class A offenses (Penal Code 190.78

2. Second degree identity theft is a Class E crime (Penal Code190.79)

3. First degree identity theft is a Class D crime (Penal Code 190.80)

4. Third-degree unlawful possession of personal information is a Class A offenses (Penal Code 190.81)

5. Second degree unlawful possession of personal information is a Class E crime (Penal Code 190.82)

6. First degree unlawful possession of personal information is a Class D crime (Penal Code 190.83)

PenaltiesCredit Card Fraud Credit Card FraudFirst Sentence Information

Class C Credit Card Penalties

First OffenseLowest amount of time possible: no jail time or probationHighest amount of time possible: 5 to 15 years in prison

Repeat Offense (Non-Violent Predicate) smallest possible time: 3 to 6 years prisonHighest possible amount of time: 7 ½ to 15 years in prison

Repeat Offense (Violent Predicate) smallest possible time: 3 to 6 years in prisonHighest amount of timeavailable: 7 ½ to 15 years in prison

Class D Non Violent Felony Penalties

First OffenseLowest amount of time possible: no jail time or probationHighest amount of time possible: 2 1 / 3 to 7 years in prison

Repeat Offense (Non-Violent Predicate) least amount of time possible: 2 to 4 years in prisonHighest amount of time possible: 3 ½ to 7 years in prison

Class E Non Violent Felony Penalties

First OffenseLowest amount of time possible: no jailtimeHighest amount of time possible: 1 1 / 3 to 4 years in jail

Repeat Offense (Non-Violent Predicate) least time possible: 1 ½ to 3 years in prisonHighest amount of time: 2 to 4 years in jail

Repeat Offense (Violent Predicate) smallest possible time: 1.5 to 3years in prisonHighest amount of time possible: 2 to 4 years in jail

Class A Misdemeanor sentence Possible Credit Card Fraud

First OffenseLowest amount of time possible: noPrison timeHighest amount of time possible: 1 years in prison

Repeat Offense (Non-Violent Predicate) least amount of time possible: no jail timeHighest amount of time possible: 1 years in prison

Repeat Offense (Violent Predicate) least amount of time possible: no jail timeHighest amount of time possible: 1 years in prison

Class B Misdemeanor

First OffenseLowest amount of time possible: no jail timeHighest amount of time possible: 90 days in jail

Repeat Offense (NonViolent Predicate) least amount of time possible: no jail timeHighest amount of time possible: 90 days in jail

Repeat Offense (Violent Predicate) least amount of time possible: no jail timeHighest amount of time possible: 90 days in jail

Violation Penalties

First OffenseLowest amount of time possible: no jail timeHighest amount of time possible: 15 days in jail

Repeat Offense (Non-Violent Predicate) least time possible: no jail timeHighest AmountTime possible: 15 days in jail

Repeat Offense (Violent Predicate) least amount of time possible: no jail timeHighest amount of time possible: 15 days in jail

(Note: the federal sentencing for credit card fraud, the sentence shall be repeated for credit card fraud as a Class C crime, first offense and a crime for a Class B offense classified).



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