A person commits access device fraud when:
- A person transfers an access device to another person without authorization and with the intent to defraud; or,
- A person possesses an access device issued to another person without authorization and with the intent to defraud; or,
- A person uses, possesses, or transfers device-making equipment or a counterfeit access device with the intent to defraud.
PENALTIES FOR ACCESS DEVICE FRAUD CONVICTION
A conviction for access device fraud is punishable based on the amount of the misappropriation or taking.
A person who commits the crime of access device fraud when the misappropriation or taking amounts to a value of $25,000.00 or more may be imprisoned at hard labor for not more than twenty years, or fined not more than $50,000.00, or both.
When the misappropriation or taking amounts to a value of $5,000.00 or more, but less than a value of $25,000.00, the person may be imprisoned, with or without hard labor, for not more than ten years, or fined not more than $10,000.00, or both.
When the misappropriation or taking amounts to a value of $1,000.00 or more, but less than a value of $5,000.00, the offender may be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than $3,000.00, or both.
When the misappropriation or taking amounts to a value of less than $1,000.00, the person shall be imprisoned for not more than six months or fined not more than $500.00, or both.
Upon a third or subsequent conviction of theft, the person may be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than $2,000.00, or both.
The court may also order restitution as a part of the sentence. Restitution may include payment for any cost incurred by the victim, including attorney fees, costs associated in clearing the credit history or credit ratings of the victim, or costs incurred in connection with any civil or administrative proceedings to satisfy any debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.
When there has been a misappropriation or taking by a number of distinct acts of the person, the aggregate amount of the misappropriation or taking may determine the grade of the offense. These distinctive acts do not have to involve the same victim.
WE WILL DEFEND YOU AGAINST ACCESS DEVICE FRAUD
An accusation of access device fraud can negatively impact your life in numerous ways. A mere accusation could harm your relationships with your family, cost you employment opportunities, and strain valued relationships. Hiring an experienced criminal defense lawyer is crucial to protecting your reputation and your future.
The Norris Law Group will fight aggressively to minimize the impact of these charges on your life. You can take advantage of a thorough, confidential consultation when you call 318-771-7000 or contact us online.