Credit Card Fraud Penalties

By Debra Feinberg -

What is the penalty for credit card fraud?

Credit card fraud penalties and credit card fraud sentence varies by felony and misdemeanor classes and by jurisdiction and state. Find general sentencing information in New York below (we are federal criminal lawyers and handle all state and federal credit card fraud cases).

1. Third degree identity theft is class A misdemeanor (penal code 190.78

2. Second degree identity theft is a class E felony (penal code 190.79)

3. First degree identity theft is a class D felony (penal code 190.80)

4. Third degree unlawful possession of personal identifying information is a class A misdemeanor (penal code 190.81)

5. Second degree unlawful possession of personal identifying information is a class E felony (penal code 190.82)

6. First degree unlawful possession of personal identifying information is a class D felony (penal code 190.83)

Credit Card Fraud Penalties
Credit Card Fraud Sentence Information

Class C Credit Card Penalties Possible

First Offense
Lowest Amount of time possible:      no jail time or probation
Highest amount of time possible :    5 to 15 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      3 to 6  years in prison
Highest amount of time possible :    7 ½ to 15 years in prison

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      3 to 6 years in prison
Highest amount of time possible :    7 ½ to 15 years in prison

Class D Non Violent Felony Penalties

First Offense
Lowest Amount of time possible:      no jail time or probation
Highest amount of time possible :    2 1/3 to 7 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      2 to 4      years in prison
Highest amount of time possible :    3 ½ to 7  years in prison

Class E Non Violent Felony Penalties

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 1/3 to 4 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      1 ½ to 3 years in prison
Highest amount of time possible :    2 to 4 years in prison

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      1.5 to 3years in prison
Highest amount of time possible :    2 to 4 years in prison

Class A Misdemeanor Credit Card Fraud Sentence Possible

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 year in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 year in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 year in jail

Class B Misdemeanor

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    90 days in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    90 days in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    90 days in jail

Violation Penalties

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    15 days in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    15 days in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    15 days in jail

(note: federal sentencing for credit card fraud the sentencing standards for credit card fraud are classified as a Class C felony first offense and Class B felony for repeat offenses).

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How the Justice System Works

By Todd Hicks

Do you want to know how executions are carried out in different states? Are you interested in learning how the court system works? Do you wonder what the penalties are for certain offenses? Do you want to learn the difference between the jail system and the prison system? I will answer these questions through the knowledge I gained from attending a criminology class.

Thirty-six of the forty-one states that use the death penalty carry out electrocutions or lethal injections. Washington and four other states resort to hangings or firing squads. Citizens serve on the firing squads. One of the participants has an empty gun.

The purpose of having one empty gun is to create doubt in everyone’s mind. Each shooter will think his or her gun might have been empty; therefore, he or she will probably not feel guilty.

Defendants who enter a plea of innocence receive a trial. Defendants who enter a plea of guilt are sent to sentencing divisions where judges issue sentences the entire day. A plea of “no contest”, or Alford plea, is considered to be a plea of guilt; therefore, a defendant who uses this plea will automatically receive a sentence. Defendants who post bail get their money back if they appear for their trials.

Felonies fall into four different categories. A Class A felony such as a robbery involving a weapon or an act of arson carries a penalty of ten to thirty years in prison. A Class B felony such as a rape or burglary mandates a prison sentence of five to ten years. Commit a Class C felony such as theft or fraud and you will probably receive a sentence of one to five years. The penalty for a Class D felony such as misdemeanor assault or misdemeanor animal abuse is a year or less in confinement.

Jails and prisons serve different purposes. Jails detain defendants awaiting a trial, sentencing or a transfer from one prison to another. Jails also confine defendants convicted of a misdemeanor up to a year. About seventy-five percent of our country’s jails hold less than twenty people.

Prisons detain people convicted of a felony. Minimum security prisons hold defendants who are given a sentence of one to two years. Inmates detained in minimum security prisons are allowed to walk around the facilities as much as they want.

Medium security prisons hold defendants who are given a sentence of two to five years. Inmates who do time at medium security prisons are allowed to walk around the facilities most of the day.

Maximum security prisons hold defendants who receive a sentence that will last longer than five years. Defendants who are unfortunate to spend time at maximum security prisons are restricted to their cells most of the day.

Todd Hicks owns Skill Development Institute, an enterprise that provides a keyboard typing lesson and academic study guide. To become a great typist or student, visit Skill Development Institute. http://sdinst.blogspot.com

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The Bill of Rights - The Speedy Trial

By Aazdak Alisimo

As you’ve probably seen on television and the movies, you have the right to a speedy trial as an American citizen. So, what exactly exactly is this speedy trial stuff about?

As citizens of the United States, you have certain inalienable rights. These include things such as the right to the freedom of speech, the right to bear arms and other civil liberties. The pillars of these rights are found in the Constitution. The sixth amendment of the constitution provides us with the right to a speedy and public trial.

So, who cares if you have the right to a speedy trial? What’s the big rush? Well, we have to look at other countries to get a better idea. Many authoritative regimes have touted themselves as democratic in nature. To one extent or another, they hold up the fact that they guarantee a right to trial to their citizens.

The problem, however, is in the details. They don’t offer a speedy trial. Instead, they arrest citizens and then let them sit in jail for years while waiting to go on trial. In some countries, they might wait up to ten years before getting their day in court. In a vast majority of these cases, the defendants are in jail because they object to actions being taken by the government.

The constitutional right to a speedy trial keeps the U.S. government from putting citizens in jail for a prolonged period. Following 9-11, the Bush administration has been roundly criticized for violating this notion via the Guantanamo Bay facility where prisoners have been held without any trials for years. The US Supreme Court has rejected the position of the Bush Administration and trials have begun.

So, how long can you sit in jail before the right to a speedy trial becomes an issue? It depends on the situation, but six months is generally a cut off period. Murder cases can be much longer. Ironically, most defendants do not invoke the right to a speedy trial as they want their attorneys to have time to mount a defence. In such cases, a defendant can waive his or her right to the speedy trial.

Aazdak Alisimo writes [http://www.criminaldefenselawyernet.com/criminal-law-articles]criminal law articles for CriminalDefenseLawyerNet.com where you can find a [http://www.criminaldefenselawyernet.com]criminal defense lawyer near you.

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Family Law Attorney

Family Law Attorney
By Clifford Young

In any modification of child support there must be a judge to approve and legally enforce the order. The custodial and non custodial parent cannot legalize any agreement when modification for child support is involved without any judge. In any change of agreement the court must be requested to hold a hearing in which each of the party can argue the pros and cons of the proposed modification. In such hearing, both parties need to be represented by their lawyers like the Detroit family law attorney. In general, the court will not modify any existing order unless the parent proposing the modification without showing any changed circumstances. This rule encourages stability of arrangement and helps prevent the court from becoming overburdened with frequent and repetitive requests. Read more

Arizona DUI Fines

By Peter Emerson

The rising incidences of DUIs (driving under the influence) in Arizona have prompted lawmakers to institute higher fines, making it more difficult for offenders to circumvent the consequences of their actions.

The Arizona DUI fines are now pegged at $1,450 for first-time offenders and $3,400 for second-time offenders. This includes standard fines, surcharges (amounting to 80 percent of the fines), additional $500 fine imposed on first-timers, and $1240 for repeat offenders. These additional fines were imposed in August 2005, to augment the standard fines that only covered expenses for court procedures.

The additional money goes to improvements in highway safety systems and prison housing facilities, according to Arizona lawmakers.  The Arizona Department of Public Safety is adding more police \ along highways to help deter and arrest drivers who go on the road while under the influence of alcohol and other substances.  The fines also go to “prison construction assessments,”  since every DUI offender found guilty needs to serve a mandatory prison sentence.

Note that fines actually vary depending on the gravity of the offense. First-time offenders found to have very high alcohol content in their bloodstream (.15 or more) may be asked to pay as much as $2,700.  The fines stated above are the minimum fines, and depending on the judge, an offender may be forced to pay a much higher amount. In addition to the crippling fines, DUI offenders may also lose their driver’s license and are ordered to submit to alcohol screening and drug and alcohol counseling sessions.

If you happen to be charged with DUI and cannot pay the fine upfront, you have the option of paying it over time.  Immediately consult with an experienced Arizona DUI attorney to prevent losing your license and to protect yourself from other possible fees. But the best advice is still prevention - don’t drink and drive. This way you stay safe, avoid fines and keep your record clean. [http://www.e-ArizonaDUIAttorneys.com]Arizona DUI Attorneys provides detailed information on Arizona DUI Attorneys, Arizona DUI Fines, Arizona DUI Defense, Arizona DUI Laws and more. Arizona DUI Attorneys is affiliated with [http://www.e-ArizonaDUILawyers.com]Arizona DUI Penalties.

Article Source: http://EzineArticles.com/?expert=Peter_Emerson http://EzineArticles.com/?Arizona-DUI-Fines&id=278217

Arizona DUI Penalties

By Peter Emerson

In case of a DUI related crime, the penalty handed down to an accused depends mainly on two factors, the type of DUI that was charged, which is dependent on the gravity of the crime or offense, and on the criminal record of the accused.

In case of being a first DUI or if the Blood Alcohol Count (BAC) is above the specified limit of .080, the sentence could be jail term of 10 consecutive days, nine of which are subject to being suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $1475 is charged with additional amount of $250 towards the DUI abatement fund, and a suspension of the driver’s license for three months. The judge could also put the accused on probation of up to five years.

In case of a second DUI or BAC above the level of 0.080, a 90 days jail sentence is awarded, of which 60 days can be suspended based on the completion of substance and alcohol abuse screening, counselling and treatment as ordered by the court. The fine is $2675, with additional amount of $250 towards the DUI abatement fund, revoking of the driver’s licence for one year, and a possible probation period of five years. The court has the right to forfeit a vehicle belonging to the accused which he or she was driving, at time of the arrest for DUI.

In case of a first extreme DUI with a BAC of 0.15 or higher, the sentence could be jail term of 30 consecutive days of which 20 days can be suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $2225 is charged with additional amount of $250 towards the DUI abatement fund, a suspension of the driver’s license for three months i.e. 90 days. The judge could also put the accused on probation of up to five years.

In case of a second extreme DUI with a BAC of 0.15 or higher, the sentence could be jail term of 120 days, 60 of which are subject to being suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $2225 is charged with additional amount of $250 towards the DUI abatement fund, a suspension of the driver’s license for three months. The judge could also put the accused on probation of up to five years.

In the case of a felony DUI in the presence of a child under the age of 15, if the accused has a clean record previously, the accused will have to serve a prison term for between 4 months to 2 years. The fine slapped is up to $150,000 with a surcharge of 80 percent. The driver’s license of the accused is revoked for three years, the probation period extends up to ten years and the court has the right to seize the vehicle in which the DUI felony was committed.

For a felony DUI or a third DUI in the last sixty months, the minimum sentence to be served is 1 year to 3.75 years in prison. The fine is up to $150,000 with a surcharge of 80 percent, with the driver’s license standing revoked for three years and a possible probation of up to ten years. The punishment includes a possible forfeiture of the vehicle in which the last felony was committed. [http://www.e-ArizonaDUIAttorneys.com]Arizona DUI Attorneys provides detailed information on Arizona DUI Attorneys, Arizona DUI Fines, Arizona DUI Defense, Arizona DUI Laws and more. Arizona DUI Attorneys is affiliated with [http://www.e-ArizonaDUILawyers.com]Arizona DUI Penalties.

Article Source: http://EzineArticles.com/?expert=Peter_Emerson http://EzineArticles.com/?Arizona-DUI-Penalties&id=410239

Drug Court Alternative Sentencing - Stay Out of Jail and Get Free Addiction Treatment

By Christian Shire

Alternative Sentencing

Alternative sentencing is an option that many courts turn to when seeking punishment for certain crimes.  Often, when the crime is drug related and non-violent, it would actually be more affordable and productive in the long term for both the offender and the community if they had treatment instead of incarceration.  A prison sentence sometimes leaves people just as addicted when they get out as when they got in jail.  The addiction itself is sometimes the real problem and by treating the disease itself and giving the offender skills to deal with it, it is hoped that they will not be in court again.

Non Violent Offenders

In recent years, drug courts specifically designed for nonviolent drug offenders and nonviolent crimes committed by drug users have emerged in all states to help the traditional criminal justice system - a system that is being overwhelmed by relatively minor drug offenses.  Defendants can agree to participate in a drug court program and upon completion may get a reduced sentence or even dismissed charges.

The options offered and mandated by the courts can widely vary depending on the crime, the state, the judge, the defendant’s history and situation.  Typically, courts will offer one or a combination of probation, drug education classes, chemical dependency treatment, house arrest or mandatory drug testing.  There may also be special programs in certain areas for family friendly treatment or supplemental mental health services for co-occurring diagnosis.

Getting In

Once an offender has been arrested, there are a variety of steps and procedures that they must follow.  Usually, a professional psychological profile for when an offender is indicated or pre-sentencing evaluations used by law firms are necessary.  Courts may have qualified expert witnesses in substance abuse or dependency. Some courts may refer an offender to treatment or one may need to find a state certified treatment program that can provide the proper documentation and support in court.  Some treatment centers have established relationships with courts and can arrange individualized and structured alternative sentencing proposals.

Find a court approved treatment program http://www.choosehelp.com

Or read the daily blog entry at http://www.troubleblog.com/

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