March 13, 2012, 07:54
Brody V. BurksCredit card abuse / Theft
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.
It is two seperate acts. but what is the value of the card? Why not just charge 2 counts of credit card abuse?
March 13, 2012, 09:32
Ken SparksTheft 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.