What Are the Penalties for Credit Card Fraud in Michigan?

Credit card fraud is a vague but severe crime that can have various repercussions for both individuals and businesses. If you have been arrested for charges related to credit card fraud, understanding the penalties associated with a conviction is crucial. Work with a Marquette fraud lawyer for skilled legal representation and advice today.

What is Credit Card Fraud?

Credit card fraud is a broad term that refers to the illegal use of a credit or debit card to obtain money or services. There are many offenses that fall under this category, including making false statements to obtain a credit card, using a credit card without authorization from the issuer or cardholder, using a revoked or cancelled credit card with the intent to defraud, etc. For the purposes of this article, we will focus on the withdrawal or transfer of funds.

Section 750.157 of the Michigan Penal Code outlines the crime titled “Fraudulent use of financial transaction device to withdraw or transfer funds in violation of contractual limitations.” This offense is defined as follows.

“A person who knowingly and with intent to defraud uses a financial transaction device to withdraw or transfer funds from a deposit account in violation of the contractual limitations imposed on the amount or frequency of withdrawals or transfers or in an amount exceeding the funds then on deposit in the account…”

Essentially, this offense occurs when an individual exceeds the limits set by the issuer or moves money that is not available in the account with the intent to defraud.

What Are the Penalties for Credit Card Fraud in MI?

The penalties associated with fraudulent use of a credit card in Michigan can be severe. The actual consequences will vary significantly depending on the specific details of the offense, but the main factor is the value of the funds involved. Consider the following.

• Less than $200: Misdemeanor, imprisonment of up to 93 days, and fines of up to $500 or 3 times the amount involved, whichever is greater
• $200 to $1,000: Misdemeanor, imprisonment of up to 1 year, and fines of up to $2,000 or 3 times the amount involved, whichever is greater
• $1,000 to $20,000: Felony, imprisonment of up to 5 years, and fines of up to $10,000 or 3 times the amount involved, whichever is greater
• $20,000 or more: Felony, imprisonment of up to 10 years, and fines of up to $15,000 or 3 times the amount involved, whichever is greater

Other factors can influence the penalties you incur as well. For example, having prior convictions of similar offenses can exacerbate the charges you face. Additional penalties may include restitution, community service, probation, and more.

To learn more about your legal rights and options, reach out to a skilled criminal defense attorney at Berger Law today.