What is punishmentfor “Financial Transaction Card Theft”?

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What is punishmentfor “Financial Transaction Card Theft”?

Asked on October 12, 2010 under Criminal Law, Georgia

Answers:

Rob MacKenna / The MacKenna Law Firm

Answered 11 years ago | Contributor

The punishment for Financial Transaction Card Theft (OCGA 16-9-31) is specified in OCGA 16-9-38(b): "(b) A person subject to punishment under this subsection shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one year nor more than three years, or both."  So 1-3 years in jail plus a fine of up to $5,000. Depending on your record it may be possible for an attorney to work out some sort of plea agreement that would be preferable to this.

You should obtain representation as quickly as possible.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is a "theft" crime in Georgia.  It can occur in different ways: taking, obtaining or withholding a card from the rightful owner.  People can also be charged with the crime if they only have knowledge that these crimes are being committed.  Generally, such offenses can result in a sentence of 1 to 3 years and a fine up to $5,000. However, in some cases, the offense may be charged as theft by taking, which is illegally taking anothers property or denying them use of their property. This is generally a misdemeanor if the property is under $500.  Over $500 the penalty is much worse and can come with a 1 to 10 year sentence.  I would suggest seeking legal help in your area.  Good luck.


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