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I've got a credit card abuse case that, for enhancement purpose, I'd love to charge as a theft, too. D stole victims CC while they were at school, then went around charging things on it that afternoon for about $100 until caught.

Can I indict for CC abuse on the purchases, and theft of the actual card? I just want to have the theft conviction to get for enhancement purposes. I didn't see anything on the forum related.
 
Posts: 394 | Location: Waco, Tx | Registered: July 24, 2009Reply With QuoteReport This Post
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It is two seperate acts. but what is the value of the card? Why not just charge 2 counts of credit card abuse?
 
Posts: 52 | Location: Fort Worth | Registered: March 24, 2008Reply With QuoteReport This Post
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Theft of the credit card under PC Sec. 32.31(b)4)would still be credit card abuse and would not give you a theft conviction. Filing a theft offense based on the value of the credit card would probably be a class C misdemeanor.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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