What is the punishment for credit card fraud?

Asked over 5 years ago - Dover, NH

Someone I know stole 2 of my credit cards in the state of NH. Total $1139. They are out on bail and are waiting to be extradicted to another state for another charge.

Attorney answers (1)

  1. Brian Fenton McEvoy

    Contributor Level 8

    Answered . It all depends on the particular facts and circumstances of your case.

    If the case involves multiple victims and a loss greater than $50,000.00 to those victims, it is likely that the matter may be investigated by a federal law enforcement agency (likely the FBI or the United States Secret Service). There are a number of crimes with which you may be charged depending on the nature of the crime. Generally, a federal prosecutor would look to Title 18, United States Code, Section 1028 to determine what criminal statute applies.

    In addition to any substantive statute, Congress recently passed a law making Aggravated Identity Theft a federal crime punishable by an additional mandatory term of imprisonment in a federal prison. Pursuant to Title 18, United States Code, Section 1028A, a person convicted of Aggravated Identity Theft faces a mandatory minimum federal custodial sentence of two years imprisonment - in addition to any other sentence imposed by a federal district court judge.

    However, all of this depends on the nature of your conduct. I would encourage you to seek legal counsel in your area from someone who has experience defending criminal cases - particularly those involving identity theft.

    Generally speaking, cases involving less than $5,000.00 would typically be handled by local authorities including the local district attorney's office.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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