QUESTION

I recently stole a debit card and used it to make small purchases, What is the punishment

Asked on Dec 16th, 2015 on Criminal Law - Florida
More details to this question:
N/A
Report Abuse

2 ANSWERS

Criminal Law Attorney serving Bartow, FL
1 Award
There is no definite answer to this question.  It depends on what, and how many, charges end up being filed against you.  The higher the amount of the purchase, the more the punishment could increase.  Florida Statute section 817.481 makes it illegal to use a card that doesn't belong to you, and for which you do not have the owner's consent to use.  If items purchased with that card in a single transaction are less than three hunded dollars, that would be a misdemeanor -- and could not be punished by more than a year in jail.  If several such transactions occurred, the punishment could be stacked.  Any transaction of $300 or more would be, at a minimum, a third degree felony punishable by up to five years.  Depending on the amount of the transaction, the degree of the felony, and the punishment, could be even higher.  Again, if there are more than one transaction, multiple charges could be file, and the punishments stacked.  If there were numerous transactions, but they were all under $300, it still might be possible to be charged with a felony if the state believes it can group the purchases together as a series purchases constituting a single crime.  Sometimes the state does this to increase the possible penalty.  Also the theft of the card, itself, is a crime that can be punished separately.  The number of prior theft convictions, if any, on your record also can change the penalty or degree of the crime.  There, also, are a number of different criminal acts that can be charged depending on exactly how the credit/debit card was obtained and what, other than making purchases, was done with the card.  Those offenses range from misdemeanors to felonies.  By now, you should understand why there is no simple, definite answer to your question.      
Answered on Dec 17th, 2015 at 6:43 AM

Report Abuse
Depending upon your prior criminal history and depending upon how much you stole, it could be a misdemeanor with up to 1 year in jail for each purchase or a felony with up to 5 years in prison for each purchase, with court costs, fines and restitution.
Answered on Dec 17th, 2015 at 6:12 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters