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Is it a misdemeanor or felony?

Asked May 10, 2012, 03:36 PM — 11 Answers
My child an adult lives at my house this child intercepted a credit card which came through the mail and activated it and made 15 charges on it and only stopped using it when it was maxed out. Lucky for me the credit limit was very small $700 . I called it in to the police now I've heard rumors that ea of those 15 charges is considered a new crime so my child will have 15 counts against her. Then I heard each count (charge) is a felony, even the lowest one $1.59.

So will there be 15 counts against her, will they be misdemeanors or felonies? Even though I called in the police report and I called the police to come to one of the merchants, where she used the card I haven't given them any more information once I heard that ea charge is a separate count, and that they could be felonies. So if I pay the card off what could happen to her?

11 Answers
ScottGem's Avatar
ScottGem Posts: 58,164, Reputation: 28165
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#11

May 13, 2012, 11:36 AM


First, there is no need to SHOUT at us. Please don't type in all caps.

Second, no one said you could be charged with fraud. In fact, the opposite was said.

Third, you were answered that, if the DA decides to pursue this as 15 separate counts, the counts would be misdemeanors. However, you are asking for a black and white answer to a gray area question. "the line between misdemeanor and felony is not as clear as one might think. The law gives the prosecutor significant authority with regards to the classification of a crime" (Orange County Misdemeanor Defense Attorney :: Misdemeanors / Felonies :: Irvine Felony Defense Lawyer). The bottom line is it will be up to the prosecutor.

Finally, You need to read your answers more carefully. the answer you are complaining about said, simply that if you don't pay an outstanding balance it will affect your credit rating. This is an accurate statement. The problem here is the only way you can have the charges removed from your account is if you throw your daughter to the police. If you claim your daughter used your account fraudulently, then she may be prosecuted for theft. If you don't do so, but don't pay, your account will be considered delinquent.

Please don't start insulting people who have tried to help you. You have gotten good and accurate advice.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,624, Reputation: 37036
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#12

May 13, 2012, 01:15 PM


NO, no one knows the answer for certain, since that is how often the law works, The DA decides what the charges are.

Again, he can make it one charge of fraud, ID theft also for using your card Then if the combine all the charges it will be a felony.

If they do it as separate courts it all should be misdemeanors, but how the judge will do the sentences is also a issue,
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