COULD I GET A SUSPENDED SENTENCE FOR CREDIT CARD FRAUD?

If you are facing charges for credit card fraud, you are likely feeling overwhelmed and frightened about what might happen next. The prospect of criminal proceedings can be particularly daunting when you are unsure about the potential consequences and your legal options. This article will explain what credit card fraud involves, the range of sentences that courts can impose, and the circumstances under which you might receive a suspended sentence rather than immediate imprisonment.

What is credit card fraud?

Credit card fraud involves the dishonest use of credit cards, debit cards, or card details to obtain money, goods, or services without the cardholder’s permission, or to cause loss to the cardholder or card issuer. Credit card fraud is typically prosecuted under the Fraud Act 2006, particularly Section 2 (fraud by false representation), and can also involve offences under the Theft Act 1968.

The key elements that prosecutors must prove include dishonesty, the unauthorised use of card details or physical cards, and intent to make a gain or cause a loss. The fraud can involve physical cards that have been stolen or found, or card details obtained through various means including skimming devices, phishing, or data breaches.

Common examples of credit card fraud include using stolen or found credit cards to make purchases, using card details obtained online to make fraudulent transactions, creating counterfeit cards using stolen card information, using card details to make online purchases without the cardholder’s permission, withdrawing cash using stolen cards and PIN numbers, and using card details to pay for services such as hotel bookings or car rentals.

Understand that even attempting to use fraudulent card details, regardless of whether the transaction is successful, can constitute an offence.

What are the usual sentences for credit card fraud?

Credit card fraud is treated seriously by the courts and can be tried in either the Magistrates’ Court or the Crown Court, depending on the value involved and other factors. In the Crown Court, the maximum sentence is 10 years imprisonment under the Fraud Act 2006, while in the Magistrates’ Court, the maximum is 12 months imprisonment.

Not every credit card fraud case results in a prison sentence. Courts have various sentencing options available, including community orders, suspended sentences, fines, and immediate custody. The sentence imposed will depend on factors such as the amount of money involved, the number of transactions, the sophistication of the fraud, and your personal circumstances.

For less serious cases involving smaller amounts, first-time offenders, or single transactions, courts often consider community-based sentences such as community service, unpaid work requirements, supervision orders, or electronic monitoring. More serious cases involving substantial losses, multiple victims, sophisticated methods, or repeat offending are more likely to result in immediate prison sentences.

What is a suspended sentence and how does it work?

A suspended sentence is a prison term that does not start right away. Instead, it is put on hold, usually for up to two years. During this time, you stay out of prison as long as you meet the court’s conditions.

If you do not break any laws or violate the conditions, you won’t have to serve the prison sentence. However, if you do, you will likely serve the original sentence in addition to any new penalties. The court may also require you to do unpaid work, attend rehabilitation programs, or be supervised by probation services. These requirements are meant to prevent future crimes.

Ultimately, a suspended sentence is a punishment that gives you an opportunity to show you can follow the law and avoid future criminal behavior.

Can credit card fraud result in a suspended sentence?

Yes, credit card fraud can result in a suspended sentence, but each case is considered individually.

Factors that might favour a suspended sentence include being a first-time offender, showing genuine remorse and taking responsibility for your actions, having strong personal circumstances such as employment or family responsibilities, demonstrating that you are unlikely to reoffend, and making efforts to compensate victims or card issuers for losses incurred.

Conversely, factors that make a suspended sentence less likely include previous convictions for dishonesty offences, sophisticated fraud operations involving multiple cards or victims, substantial financial losses, professional or organised criminal activity, or showing no remorse for your actions.

What factors do courts consider when deciding on a suspended sentence for credit card fraud?

Courts consider multiple factors when deciding whether to impose a suspended sentence for credit card fraud:

• The financial impact is crucial, including the total amount involved, the number of transactions, the number of different cards used, and the actual losses to cardholders and financial institutions.
• The sophistication and planning involved in the fraud is also important. Courts will consider whether the fraud involved advanced technology, counterfeit cards, organised criminal networks, or significant preparation and planning. More sophisticated operations are generally viewed more seriously than opportunistic single transactions.
• The impact on victims is a key consideration. This includes not only financial losses but also the inconvenience, distress, and time required for cardholders to resolve fraudulent transactions, cancel cards, and restore their financial position. Courts will consider victim impact statements and evidence of the broader consequences of the fraud.
• Your personal circumstances play a vital role in sentencing decisions. Factors such as your age, health, employment status, family responsibilities, and previous good character can all influence the court’s decision. Evidence of genuine remorse, cooperation with authorities, and efforts to make restitution will be viewed favourably.

How serious does the offence have to be for a prison sentence for credit card fraud?

Cases that typically warrant immediate prison sentences include those involving substantial financial losses, sophisticated criminal operations, multiple victims or cards, professional or organised fraud, or where you have previous convictions for similar offences. Credit card fraud that forms part of a wider pattern of dishonest behaviour or involves breach of trust is also likely to result in immediate custody.

Less serious cases that might avoid immediate prison include first-time offenders involved in single transactions or modest amounts, cases where you were acting under significant personal pressure or financial crisis, or where there are exceptional personal circumstances. Cases involving genuine attempts to make restitution or where the fraud was opportunistic rather than planned may also be treated more leniently.

The court will consider the individual circumstances of your case, including the method used, the harm caused, and your personal situation and prospects for rehabilitation.

What can I do to improve my chances of getting a suspended sentence for credit card fraud?

Playing a proactive role from the outset of your case, with the guidance of a solicitor, can work wonders for your defence. Here are some things you can do to help your situation from the outset:

• Secure expert legal advice immediately from solicitors experienced in fraud cases. They can assess your case, identify potential defences or mitigating factors, and present the strongest possible arguments for a suspended sentence rather than immediate custody.
• Make efforts to compensate victims or card issuers for losses and costs incurred. Even partial compensation can demonstrate your commitment to making amends and taking responsibility for the consequences of your actions.
• Demonstrate genuine remorse for your actions and accept responsibility for what you have done. This means showing understanding of the impact on victims, expressing sincere regret, and being honest about your involvement. Courts can distinguish between genuine remorse and empty apologies.
• Address any underlying issues that contributed to the offending. If financial difficulties, addiction, mental health problems, or other factors played a role in your offending, seek appropriate help and treatment. Evidence that you are actively addressing these problems can significantly improve your prospects.
• Provide evidence of positive aspects of your life and character, including references from employers, family members, or community organisations. Evidence of your employment history, qualifications, voluntary work, or other contributions to society can help show that you are generally a law-abiding person who made a serious mistake.
• Cooperate fully with the investigation and be prepared to provide information that might help authorities understand how the fraud occurred and prevent similar offences in the future.
• Show that you are prepared to comply with any requirements that might be imposed as part of a suspended sentence, such as supervision, unpaid work, or restrictions on your financial activities.

Where to get more help

If you are facing credit card fraud charges, get in touch with the team at Stuart Miller Solicitors as soon as possible. Our solicitors have extensive experience in defending clients in fraud cases and we understand how stressful and confusing this situation can be. Remember, we are here to provide the expert legal advice and representation you need. For a free, confidential consultation to discuss your case and explore your options for achieving the best possible outcome, contact us without delay.

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14:25 20 Jan 25

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16:48 16 Jan 25

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264144253

06:44 29 May 24

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17:12 17 May 24

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Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

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