Police in Gwinnett County are trying to find a suspect who allegedly broke into a car, stole a credit card, and then went on what has been described as a “shopping spree.”
The suspect is facing multiple charges including entering auto in Georgia as well as financial transaction card theft in Georgia. According to reports, the suspect broke into the unidentified victim's car inside of a gated apartment complex parking lot. The stolen card has been used multiple times at different gas stations and stores.
As a Georgia Criminal Defense Lawyer, I will focus on the law behind financial transaction card fraud in today's post as well as the penalties faced if convicted of this offense.
Financial Transaction Card Fraud in Georgia
Financial Transaction Card Fraud in Georgia is defined by Georgia Law in O.C.G.A. §16-9-33 as:
A person commits financial transaction card fraud when a person:
- Knowingly uses a credit or debit card without permission with the intent to defraud.
- Obtains an account number that either doesn't exist
- Acquires a card that was lost, stolen, forged, revoked, or expired through fraudulent means
It is also worth noting that the law can make businesses liable for this type of offense. Business owners and employees can also be guilty of financial transaction card fraud if they knowingly accept a fraudulent credit or debit card or if they falsify a credit card receipt.
If the value of the money, goods, services or other things is less than $100.00 in a six-month period, then the financial transaction card fraud punishment will be a fine of no more than $1,000.00 or a prison term between one and two years, or both.
However, a person convicted of financial transaction card fraud for more than $100.00 in a six-month period in Georgia will be charged with a felony. The consequences include a fine up to $5,000.00 and a prison term between one and five years, or both.
Georgia Felony Punishments are life-altering. Felony convictions extend much further than just a fine and prison. Felonies stay on your record and can cause you to be denied employment, credit, or housing.
However, the most common type of fraud is financial transaction card theft. That being said, there are still many ways that an individual can be improperly charged with this type of offense. If you or a loved one has been wrongfully arrested, contact our offices today. A Georgia Criminal Defense Attorney can help you with your case now.