Q: Legal penalties for $665 gift card scam conviction
What are the potential legal penalties for someone convicted of operating a gift card scam involving $665 in value? I am specifically interested in understanding the general sentencing guidelines or penalties they might face.
A:
A gift card scam involving $665 would typically be prosecuted as theft by deception, fraud, or a similar offense depending on the specific tactics used. In most jurisdictions, this amount falls near the threshold between misdemeanor and felony classification, with many states setting felony thresholds between $500-1,000. The dollar amount places this case in what courts often term the "lower tier" of financial crimes, though digital evidence and planning elements could potentially elevate charging severity.
If charged as a misdemeanor, penalties generally include up to 12 months in county jail, probation ranging from 6-24 months, and fines that often exceed the fraud amount. When prosecuted as a felony, potential sentences increase significantly to 1-5 years of incarceration, though first-time offenders frequently receive probation with strict conditions rather than prison time. Courts typically order full restitution to victims regardless of whether the case is charged as a misdemeanor or felony.
Several factors substantially impact sentencing outcomes, including the defendant's prior criminal history, level of sophistication in executing the scheme, number of victims affected, and demonstration of remorse during proceedings. Many jurisdictions offer pretrial diversion programs for first-time offenders facing non-violent financial crime charges, potentially allowing for case dismissal upon completion of community service, financial literacy courses, and full restitution payment. These programs recognize the societal benefit of rehabilitation over incarceration for lower-value financial crimes where victims can be made whole.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.