What is the criminal penalty for identy theft? - Criminal Law Questions and Answers- LawQA.com

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What is the criminal penalty for identy theft?

What is the criminal penalty for a fist time offender for credit card identy theft for less than $100.00?

Answer By Jared Austin
Austin Legal Services, PLC
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Identify theft can be punished in Michigan by up to five years in prison plus a fine of $25,000. You could also be charged with fraudulent use of a credit card which with the value you listed would be a one-year misdemeanor.

Answer Applies to: Michigan
Replied: 8/30/2011

Frances R. Johnson
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The amount "stolen" is not determinative of the classification of the offense. Identity theft is a class 4 felony, punishable by a presumptive prison sentence from 2 to 6 years, 3 years of mandatory parole, a fine from $2,000 to $500,000. If there is a prior conviction for felony theft, a prison sentence is mandatory. On a first offense, the defendant should have his/her attorney seek possible alternatives to lower the charge and/or a deferred sentence. If the defendant is not a U.S. citizen, he/she should also be aware of the possible impact on his/her immigration status (theft is a crime of moral turpitude and a guilty plea, even in a deferred, will impact the person's immigration status).

Answer Applies to: Colorado
Replied: 8/9/2011

Law Office of Roianne H. Conner
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Identity Theft is a class C felony, one year and a day to ten years, based on the record of the person charged.

Answer Applies to: Alabama
Replied: 8/7/2011

Law Office of Mark Bruce
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It depends on the court. Some courts will give you a chance to keep your record clean by doing some community service and staying out of trouble. Some will allow you to plead to a lesser charge and pay a fine. But some will adopt identity theft as their new boogey man and will step on you hard. You should talk to a local lawyer.

Answer Applies to: California
Replied: 8/4/2011

Lowenstein Law Office
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It depends on several factors.

Answer Applies to: California
Replied: 8/4/2011

Answer By Steve Freeborn
Freeborn Law Offices, P.S.
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Without more info, probably be charged as a gross misdemeanor, punishable by up to 1 year in jail and a $5,000.00 fine.

Answer Applies to: Washington
Replied: 8/3/2011

Answer By Lacy Fields
Lacy Fields, Attorney at Law, LLC
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In Missouri, the stealing of a credit card is a class C felony, which is punishable by up to seven years in prison. However, if you are a first time offender, an attorney should be able to negotiate a good deal for you that would involve probation. If you have further questions, please feel free to contact our office.

Answer Applies to: Missouri
Replied: 8/3/2011

Law Office of Phillip Weiser
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The penalty depends entirely upon how the State chooses to charge the crime. If a misdemeanor, it would be a class A punishable by jail up to 12 months and fine up to $2500. If a felony the penalty would depend upon the level of felony charged combined with the defendant's personal criminal history.

Answer Applies to: Kansas
Replied: 8/3/2011

Edward  D. Dowling IV Attorney at Law
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This response is general information only and does not establish an attorney client relationship. However, i would need further details but you should hire an attorney to negotiate a plea.

Answer Applies to: New York
Replied: 8/3/2011

Law Office of Richard Williams
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8-3-11 I believe that any charge for identity theft is a felony. If it is a class C felony punishment would be from 1 year and 1 day to ten years in the state prison, a fine not to exceed $15,000 and restitution.

Answer Applies to: Alabama
Replied: 8/3/2011

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